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PennDOT v. WWSW RADIO, INC.

No. 2460 C.D. 1977.

34 Pa.Commw. 287 (1978)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-Of-Way for Legislative Route 02302, Section 2 R/W Limited Access Highways in Ross and McCandless Townships. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. WWSW Radio, Inc.

Commonwealth Court of Pennsylvania.

March 14, 1978.

Attorney(s) appearing for the Case

Bartley R. Simeral, Special Assistant Attorney General, with him Robert W. Cunliffe, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

J. Tomlinson Fort, with him Anthony J. Basinski, and Reed, Smith, Shaw & McClay, for appellee.

Submitted on briefs, January 17, 1978, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DISALLE.

OPINION BY JUDGE ROGERS, March 14, 1978:

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT) has appealed from a final judgment entered against it in the Court of Common Pleas of Allegheny County.1 The judgment was on a jury's verdict in an eminent domain case.

The Commonwealth, by PennDOT, condemned 2.61 acres of a 78.1 acre tract of land owned by the appellee, WWSW RADIO, Inc. (WWSW). The parcel condemned...

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