PennDOT v. McGUIRE ET UX.

No. 759 C.D. 1978.

41 Pa.Commw. 14 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Lex R. McGuire and Charlotte E. McGuire, Appellees.

Commonwealth Court of Pennsylvania.

February 28, 1979.


Attorney(s) appearing for the Case

Charles A. Buechel, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Gerald Gornish, for appellant.

William K. Eckel, for appellees.

Argued November 3, 1978, before Judges MENCER, DiSALLE and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRAIG, February 28, 1979:

On April 2, 1974, the Commonwealth of Pennsylvania Department of Transportation (PennDOT) condemned 18.46 acres of the McGuires' land for highway purposes. Following a hearing, the board of viewers awarded the McGuires (condemnees) $22,400.00 for the taking of the 18.46 acres and the damages resulting from the landlocking of 9.63 acres.

Both parties appealed the board's award to the Court of Common Pleas. The jury...

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