PA. GAS & WATER CO. v. PA. TURNPIKE COMM.


428 Pa. 74 (1967)

Pennsylvania Gas and Water Company, Appellant, v. Pennsylvania Turnpike Commission.

Supreme Court of Pennsylvania.

November 28, 1967.


Attorney(s) appearing for the Case

Joseph E. Gallagher, with him John W. Bour, Gomer W. Morgan, Carlon M. O'Malley, Charles E. Thomas, and O'Malley, Morgan, Bour & Gallagher, and Metzger, Haefner, Keefer, Thomas & Wood, for appellant.

John A. Morano, Local Counsel, with him Richard D. Holahan, Chief Counsel, and Henry E. Harner, General Counsel, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE ROBERTS, November 28, 1967:

The first question raised by this appeal is whether the plaintiff-appellant, the Pennsylvania Gas and Water Company, may show that the highest and best use for its condemned property is as a site for the construction of a reservoir, even though at the time of the condemnation no physical improvements had been made on the property. Finding as a matter of fact that the use of...

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