IN RE CONDEMNATION FOR L.R. 1021 APPEAL

No. 648 C.D. 1988.

124 Pa.Commw. 221 (1989)

555 A.2d 966

In Re: Condemnation by The Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1021, Section 6, a Limited Access Highway, in The Township of Ohio, John E. Sandin et al., Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 16, 1989.


Attorney(s) appearing for the Case

Thomas J. Dempsey, for appellants.

Jeffrey L. Giltenboth, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellee.

Argued February 6, 1989, before Judges COLINS and McGINLEY, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY SENIOR JUDGE BARBIERI, March 16, 1989:

John E. Sandin, William K. Hamburg and Elizabeth Willison, formerly Elizabeth Baun, (Appellants) appeal an order of the Allegheny County Court of Common Pleas sustaining the appeal of the Pennsylvania Department of Transportation (DOT) and vacating a report of a board of viewers.

This matter involves DOT's condemnation for transportation purposes, of two contiguous tracts of vacant residential property in Ohio...

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