DEPT. OF TRANSPORTATION v. BELLAS ET AL.

No. 91 C.D. 1973.

14 Pa.Commw. 293 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Andrew Bellas and Marvel M. Bellas, Appellees.

Commonwealth Court of Pennsylvania.

June 27, 1974.


Attorney(s) appearing for the Case

David Ward Murphy, Special Assistant Attorney General, with him Richard J. Nassau, Special Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Bernard Goldstone, with him Routman, Moore, Goldstone & Valentino, for appellees.

Argued May 9, 1974, before Judges KRAMER, MENCER and ROGERS, sitting as a panel of three.


OPINION BY JUDGE MENCER, June 27, 1974:

Andrew and Marvel Bellas were the owners of a tract of land in Mercer County upon which was located a gasoline station which was under lease to the American Oil Company (American). On September 24, 1970, the entire tract was condemned by the Department of Transportation of the Commonwealth of Pennsylvania (Commonwealth).

A board of view awarded total damages of...

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