PENN IRON WORKS, INC. v. DEPT. OF TRANS.

No. 1366 C.D. 1973.

13 Pa.Commw. 532 (1974)

Penn Iron Works, Inc., Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

June 7, 1974.


Attorney(s) appearing for the Case

Raymond C. Schlegel, with him Balmer, Mogel, Speidel & Roland, for appellant.

Jerry R. Richwine, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued March 5, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, June 7, 1974:

The Department of Transportation (Department) filed a declaration of taking on April 24, 1969, for the condemnation of property owned by the appellant, the Penn Iron Works, Inc. (condemnee) and used for a manufacturing plant. On July 14, 1969, the parties entered into a final settlement agreement for damages which provided in part:

"WHEREAS the property (or property...

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