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BUERKLE APPEAL

No. 1167 C.D. 1979.

49 Pa.Commw. 585 (1980)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Highways, of Right of Way for Legislative Route 1016, Section 13. Raymond E. Buerkle, Appellant.

Commonwealth Court of Pennsylvania.

March 4, 1980.

Attorney(s) appearing for the Case

John B. Nicklas, of McCrady, Nicklas & McCrady, for appellant.

David Ward Murphy, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General and Edward G. Biester, Jr., Attorney. General, for appellee.

Argued December 7, 1979, before Judges CRUMLISH, JR., MENCER and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, March 4, 1980:

Raymond E. Buerkle (Appellant) has filed this appeal from an order of the Court of Common Pleas of Allegheny County that denied Appellant's petition to strike the awards of viewers in a condemnation proceeding by the Department of Highways (Commonwealth) of a right of way for Legislative Route 1016. We affirm.

The procedural history of this case is tortuous, but essential to a clear understanding of our holding. Therefore...

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