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BIERNACKI v. R. A., CITY OF WILKES-BARRE

No. 1632 C.D. 1976.

32 Pa.Commw. 537 (1977)

John S. Biernacki and Alice E. Biernacki, his wife v. Redevelopment Authority of The City of Wilkes-Barre, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1977.

Attorney(s) appearing for the Case

Hugh F. Mundy, with him Donald D. McFadden, and Flanagan, Doran, Biscontini & Shaffer, for appellant.

Gifford Cappellini, with him Bernard J. Hendrzak, for appellees.

Argued October 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY JUDGE ROGERS, December 1, 1977:

As part of the Wilkes-Barre Downtown Urban Renewal Project (Project), the Redevelopment Authority of the City of Wilkes-Barre in April 1974 filed a declaration of the taking of a property located at 98 South Franklin Street owned by John Biernacki and Alice, his wife. The Biernackis appealed an award made by a board of view and a traverse jury returned a verdict in their favor in the amount of $75,000. This amount was paid...

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