TP. OF CHESTER v. COM., DEPT. OF TRANSP.


495 Pa. 369 (1981)

433 A.2d 1353

In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right-of-Way, for Legislative Route 1080, Section A05, R/W, Also Known As Legislative Route 1018, Spur F-A05, a Limited Access Highway in Chester Township and the City of Chester. TOWNSHIP OF CHESTER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Pennsylvania.

Decided July 14, 1981.

Reargument Denied August 24, 1981.


Attorney(s) appearing for the Case

Peter J. Nolan, Media, for appellant.

Martin Burman, Sp. Asst. Atty. Gen., for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal, upon grant of allocatur, from an Order of the Commonwealth Court1 reversing an Order of the Court of Common Pleas of Delaware County which had affirmed an award of a Board of Viewers in the instant Eminent Domain proceeding.

On July 31, 1973, the Commonwealth of Pennsylvania, Department of Transportation (hereinafter Commonwealth...

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