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CANFIELD APPEAL.

No. 3043 C.D. 1982.

83 Pa.Commw. 76 (1984)

In Re: Condemnation of Land in Township of Damascus, Wayne County, etc. Lloyd F. Canfield and Eloise L. Canfield, Appellants.

Commonwealth Court of Pennsylvania.

June 5, 1984.

Attorney(s) appearing for the Case

John T. McLane, Thomas J. Foley, Jr. and Associates, P.C., for appellants.

Sarah Slesinger Smith, with her, George A. Welsh, David F. Snyder, Deputy Attorney General, Herbert L. Olivieri, Chief, Torts Litigation Unit, and LeRoy S. Zimmerman, Attorney General, for appellees.

Argued April 4, 1984, before President Judge CRUMLISH, JR. and Judges MacPHAIL and COLINS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 5, 1984:

Lloyd F. and Eloise L. Canfield (Petitioners) appeal from an order of the Court of Common Pleas of Wayne County which granted the preliminary objections of the Commonwealth of Pennsylvania and the Department of Environmental Resources (Commonwealth) and dismissed Petitioners' action.

The trial court found that Petitioners own land which fronts upon the Delaware River (River). Beginning as early as 1931, the states of...

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