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ELIAS ET AL. v. PennDOT.

Nos. 1478 and 1479 C.D. 1975.

25 Pa.Commw. 605 (1976)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 115, Section 11A, in Center Township, Beaver County, Pennsylvania. Louis J. Elias and Catherine A. Elias, His Wife; George Elias, Jr. and Cynthia Elias, His Wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

July 29, 1976.

Attorney(s) appearing for the Case

Benjamin B. Wechsler, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Joseph M. Stanichak, for appellees.

Argued May 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, July 29, 1976:

Appellees are owners of a parcel of real estate in Center Township, Beaver County on which an apartment house is located. The property in question abuts the intersection of Legislative Routes 115-11A and 76-22A.

On August 30, 1968, the Governor approved a plan entitled "Drawings Establishing Limited Access Highway & Authorizing Condemnation of Right...

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