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DEPT. OF TRANS. v. TWP. OF PALMER

No. 17 C.D. 1974.

16 Pa.Commw. 270 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Township of Palmer, Appellee.

Commonwealth Court of Pennsylvania.

December 19, 1974.

Attorney(s) appearing for the Case

Lawrence R. Weider, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Franklin S. Van Antwerpen, for appellee.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE CRUMLISH, JR., December 19, 1974:

The Commonwealth of Pennsylvania, Department of Transportation (Commonwealth) appeals from an order of the Court of Common Pleas of Northampton County which dismissed its preliminary objections to a petition for the appointment of viewers filed by Palmer Township (Township), a township of the second class within Northampton County.

On August 16, 1973...

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