IN RE COMMONWEALTH, DEP'T OF TRANSP.

No. 747 C.D. 1976.

30 Pa.Commw. 58 (1977)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 326, Section 4 R/W in Abington Township and the Borough of Rockledge. Edward and Mary Neumann (Owners) John and Ida Brennan (Tenants) v. Commonwealth of Pennsylvania, Department of Transportation. John Brennan and Ida Brennan, Appellants.

Commonwealth Court of Pennsylvania.

May 2, 1977.


Attorney(s) appearing for the Case

George O'Connell, with him John W. Lauffer, and Barbin, Lauffer & O'Connell, for appellants.

William P. Culp, Jr., Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

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


OPINION BY JUDGE WILKINSON, JR., May 2, 1977:

Appellants appeal the order of the Montgomery County Court of Common Pleas denying their motion to take off a non-suit entered by the court as to their claims for business dislocation damages and expenses incident to the acquisition of relocation property pursuant to Section 601-A(b) (3) and former Section 616, respectively, of the Eminent Domain Code (Code).

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