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WEST PENN POWER CO. v. BRUNI ET AL.

No. 1258 C.D. 1977.

36 Pa.Commw. 116 (1978)

West Penn Power Company, Appellant v. Wilma Bruni, Sirio E. Bruni and Raymond Bruni, Appellees.

Commonwealth Court of Pennsylvania.

June 16, 1978.

Attorney(s) appearing for the Case

Stephen D. Marriner, with him McCreight, Marriner & Crumrine, for appellant.

Frank A. Conte, for appellees.

Argued May 2, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., June 16, 1978:

This is an appeal from a decision of the Court of Common Pleas of Washington County holding that the appellant had effectuated a de facto taking of appellees' land.1 We reverse.

Appellees own a 154.17 acre tract of farmland in Peters Township, Washington County. In 1963 appellees entered into an agreement with the appellant granting it certain easements and rights of way for the purpose...

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