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GILPIN, ET AL. v. DEPT. TRANS.

No. 358 C.D. 1975.

21 Pa.Commw. 491 (1975)

Willis J. and Jane H. Gilpin and Gabrielle B. and William C. Gumble v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

October 31, 1975.

Attorney(s) appearing for the Case

Peter J. Comerota, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Jack G. Linshaw, for appellees.

Argued October 9, 1975, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 31, 1975:

The Commonwealth's Department of Transportation (PennDOT) condemned for highway construction purposes, 24.3 acres of a 140 acre premises owned by Willis J. and Jane H. Gilpin, his wife, and Gabrielle B. and William C. Gumble, her husband, located in Sterling Township, Wayne County. The condemnation, in addition to the taking, bisected the condemnees' property creating two tracts, one containing 35.4 acres with no improvements...

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