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DEPT. OF TRANSPORTATION v. LUTZ

No. 1703 C.D. 1973.

14 Pa.Commw. 448 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Arthur R. Lutz, Appellee.

Commonwealth Court of Pennsylvania.

July 25, 1974.

Attorney(s) appearing for the Case

William D. Miller, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

Christian S. Erb, Jr., with him Metzger, Wickersham, Knauss & Erb, for appellee.

Argued June 5, 1974, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR. did not participate.

OPINION BY JUDGE WILKINSON, July 25, 1974:

This is an eminent domain case commenced by the filing of a declaration of taking by the Department of Transportation, condemnor-appellant, condemning over 53 acres of condemnee-appellee's 117-acre tract, rectangular in shape, in Londonderry Township, Dauphin County. The condemnation was for the purposes of constructing a limited access east-west highway known as Traffic Route 283 across the south end of condemnee-appellee...

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