ERB v. COM. OF PA., DEPT. OF TRANSPORTATION

No. 3 C.D. 1973.

11 Pa.Commw. 111 (1973)

David S. Erb, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

November 7, 1973.


Attorney(s) appearing for the Case

C. Edmund Wells, with him Arthur F. Loeben, Jr., and Wells, Campbell & Wells, for appellant.

Martin Burman, Assistant Attorney General, with him George Bristol, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued October 2, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, November 7, 1973:

In this eminent domain case, the Commonwealth (appellee-condemnor), in separate proceedings, condemned two tracts owned by David S. Erb (appellant-condemnee) which were located on opposite sides of South Hanover Street, North Coventry Township, Chester County. A Board of View was appointed and after a view of both properties and after hearings concerning both properties, awarded $79,743 to the appellant-condemnee for the...

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