MOLMEN v. COMMONWEALTH

Appeal, No. 296 C.D. 1972.

9 Pa.Commw. 103 (1973)

Molmen v. Commonwealth.

Commonwealth Court of Pennsylvania.

June 1, 1973.


Attorney(s) appearing for the Case

Edward Unterberger, with him Gold, Bowman & Korman, for appellant.

David A. Johnston, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued May 9, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, June 1, 1973:

This is an appeal from the dismissal of preliminary objections in an eminent domain case.

Appellant, Eva Molmen, is the owner of a bar and restaurant situate at the northwest corner of Delaware Avenue and Arch Street, known as 100 and 102 North Delaware Avenue, in the City of Philadelphia. The Commonwealth's Department of Transportation has condemned the appellant's entire property for the right-of-way of Legislative...

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