CDMN., RIGHT OF WAY FOR LEG. RT. 1005-2.

Nos. 1560 and 1588 C.D. 1974.

20 Pa.Commw. 537 (1975)

In re: Condemnation By the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 1005-2, In Susquehanna Township at Front and Estherton Streets. Edwin B. Hershey, Executor of the Estate of Mary E. Hershey v. Exxon Corporation, Lessee, v. Commonwealth of Pennsylvania, Department of Transportation. Exxon Corporation, Lessee, Appellant. In re: Condemnation By the Commonwealth of Pennsylvania, Department of Transportation, of Right-of-Way for Legislative Route 1005-2, In Susquehanna Township at Front and Estherton Streets. Edwin B. Hershey, Executor of the Estate of Mary E. Hershey, v. Exxon Corporation, Lessee, v. Commonwealth of Pennsylvania, Department of Transportation. Edwin B. Hershey, Executor of the Estate of Mary E. Hershey, Appellant.

Commonwealth Court of Pennsylvania.

July 30, 1975.


Attorney(s) appearing for the Case

Robert C. Spitzer, with him Nauman, Smith, Shissler & Hall, for appellant, Exxon Corporation.

Henry W. Rhoads, with him Robert L. Weldon, and Rhoads, Sinon & Reader, for appellant, Edwin B. Hershey.

Thomas R. Jargiello, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued June 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, July 30, 1975:

This opinion involves two appeals from an order from the Court of Common Pleas of Dauphin County which sustained the objection of Exxon Corporation to a report of a Board of View and overruled objections of Edwin B. Hershey, Executor of the Estate of Mary E. Hershey. These two objectors are the appellants in the two appeals. The lower court concluded that Exxon had a compensable leasehold interest in land owned by Hershey and...

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