PERFECTION PLASTICS, INC. APPEAL.

No. 1617 C.D. 1975.

28 Pa.Commw. 396 (1977)

In the Matter of a Condemnation in fact and displacement by the Commonwealth of Pennsylvania, Department of Transportation, arising from acts, actions and failures and refusals to act by the said Department of Transportation concerning and with regard to Legislative Route 1078. Perfection Plastics, Inc., Appellant.

Commonwealth Court of Pennsylvania.

January 31, 1977.


Attorney(s) appearing for the Case

Richard D. Solo, with him Solo & Padova, for appellant.

Roy W. Feinstein, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Robert P. Kane, Attorney General, for appellee.

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


OPINION BY JUDGE BLATT, January 31, 1977:

Perfection Plastics, Inc. (Plastics) petitioned the court below for the Appointment of a Board of View pursuant to the Eminent Domain Code1 (Code). Preliminary objections on the part of the Commonwealth were filed and sustained, and this appeal followed.

Plastics was the lessee of property at 4080-R Frankford Avenue, Philadelphia, where it manufactured advertising products. Late in 1970...

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