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COMTH., APLNT. v. UPHOLZER

No. 494 C.D. 1973.

18 Pa.Commw. 102 (1975)

Commonwealth of Pennsylvania, Appellant, v. W. D. Upholzer and Kathleen E. Upholzer, his wife, Appellees.

Commonwealth Court of Pennsylvania.

March 24, 1975.

Attorney(s) appearing for the Case

John W. Pollins, III, with him Hammer and Pollins, Robert Lesko, Assistant Attorney General and Israel Packel, Attorney General, for appellant.

John N. Scales, with him Scales and Shaw, P. Louis DeRose, III, and Reginald L. Pawlowski, for appellees.

Argued December 6, 1974, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, March 24, 1975:

On March 5, 1969, the Commonwealth of Pennsylvania (Commonwealth) filed a declaration of taking to effect a condemnation of 319.21 acres in Fairfield Township, Westmoreland County. This acreage was owned by W.D. Upholzer and Kathleen E. Upholzer (landowners). Subsequently, the Commonwealth became aware that it owned a portion of the 319.21 acres and, after some dispute, it was stipulated by counsel that the acreage involved...

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