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IN RE CONDEMNATION FOR L. R. 23047

No. 2781 C.D. 1981.

79 Pa.Commw. 512 (1984)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for Legislative Route 23047 etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

January 12, 1984.

Attorney(s) appearing for the Case

John T. Clary, Jr., Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Andrew J. Forbes, Cramp, D'Iorio, McConchie & Forbes, P.C., for appellee.

Argued December 15, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., January 12, 1984:

The Pennsylvania Department of Transportation (DOT) has appealed from a judgment entered by the Court of Common Pleas of Delaware County following a jury verdict in an eminent domain case. The appellant, DOT, argues that the trial court erred in denying its motion for a new trial.

On October 2, 1968, the Pennsylvania Department of Highways, predecessor to DOT, filed a Declaration of Taking to condemn a highway...

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