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LEHAN v. DEPT. TRANS.

No. 471 C.D. 1975.

22 Pa.Commw. 382 (1975)

George Lehan and Sarah Lehan, his wife, v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 16, 1975.

Attorney(s) appearing for the Case

Timothy W. Pawol, Assistant Attorney General, with him Harry C. Jackson, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

J.J. McCluskey, for appellees.

Argued October 7, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, December 16, 1975:

George and Sarah Lehan (appellees) own real estate on which their residence is situated in Butler Township, Luzerne County, abutting the south side of Legislative Route 653. Near the western boundary of appellees' property, the Pennsylvania Department of Transportation (appellant) maintains an earthen ditch running in a north-south direction designed to carry runoff water away from the state highway. Originally...

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