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DEPARTMENT OF HIGHWAYS APPEAL

209 Pa.Super. 288 (1967)

Department of Highways Appeal. Mitchell Condemnation Case.

Superior Court of Pennsylvania.

March 23, 1967.

Attorney(s) appearing for the Case

William R. Mosolino, Assistant Attorney General, with him Guy S. Mamolito, Assistant Attorney General, John R. Rezzolla, Chief Counsel, and Walter E. Alessandroni, Attorney General, for Department of Highways, Commonwealth of Pennsylvania, appellant.

Adolph L. Zeman, with him Robert L. Zeman, and Zeman and Zeman, for appellees.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY JACOBS, J., March 23, 1967:

Robert E. Mitchell and Lenora V. Mitchell are owners of a 48.53 acre farm in Washington County. In order to build a limited access state highway through that area the Commonwealth, by a condemnation dated April 11, 1962, appropriated 2.850 acres of the Mitchell property for construction of the highway, and severed a 2.14 acre tract from the balance of the Mitchell property...

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