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SHORT et al. v. COMMONWEALTH

Appeal, No. 64 Tr. Dkt. 1971.

5 Pa.Commw. 91 (1972)

Short, et al. v. Commonwealth.

Commonwealth Court of Pennsylvania.

March 29, 1972.

Attorney(s) appearing for the Case

John W. Mamula, for appellants.

Andrew L. Weil, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellee.

Argued February 24, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, March 29, 1972:

This is an appeal from a decree below dismissing exceptions to a report of viewers and from judgment entered on the report. The exceptions raised a legal question fundamental to the inquiry. See Lakewood Memorial Gardens Appeal, 381 Pa. 46, 112 A.2d 135 (1955).

The appellants are the owners of residential properties abutting...

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