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


495 Pa. 382 (1981)

434 A.2d 695

CITY OF CHESTER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided July 14, 1981.


Attorney(s) appearing for the Case

Peter J. Nolan, Media, for appellant.

Edward D. Werblun, Asst. Atty. Gen., for appellee.

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


OPINION OF THE COURT

O'BRIEN, Chief Justice.

This appeal is from an order of the Commonwealth Court, reversing an order of the Court of Common Pleas, Delaware County, which had confirmed a report filed by the Board of Viewers.

The instant controversy involves the condemnation of approximately four and one-half acres of Crozer Park, a municipal park owned by appellant, the City of Chester. The land had been condemned by appellee, the Commonwealth...

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