CONRAD et al. v. COM., DEPT. OF HWYS.


441 Pa. 530 (1971)

Conrad et al., Appellants, v. Commonwealth, Department of Highways.

Supreme Court of Pennsylvania.

January 7, 1971.


Attorney(s) appearing for the Case

Anthony S. Guido, with him Gleason, Cherry & Guido, for appellants.

Reynold J. Kosek, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Fred Speaker, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., COHEN, EAGEN, O'BRIEN and POMEROY, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, January 7, 1971:

Appellants, Miles Conrad and Burtress E. Conrad, are the owners of a 35-acre tract of land in Bell Township, Jefferson County. This land is bounded on the east by Mahoning Creek and on the south by the right of way of the Baltimore & Ohio Railroad. Legislative Route 33088 runs close to the western boundary of the property. In the summer of 1961, Legislative Route 33088 was reconstructed and relocated by the Pennsylvania...

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