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IN RE CONDEMNATION BY COM. OF PA PUBLIC UTILITY COMM'N OF L.R. 1058

No. 810 C.D. 1987.

124 Pa.Commw. 399 (1989)

557 A.2d 1109

In Re: Condemnation by The Commonwealth of Pennsylvania Public Utility Commission of Right-of-way for Legislative Route 1058, Section A04, a Limited Access Highway in South Union Township. Andrew Barron et al. v. Commonwealth of Pennsylvania, Department of Transportation. Andrew Barron et al., Appellants.

Commonwealth Court of Pennsylvania.

March 27, 1989.

Attorney(s) appearing for the Case

Anne N. John, with her, Simon B. John, John & John, for appellants.

Jeffrey L. Giltenboth, Assistant Counsel, with him, Kathryn Linn-Stevenson, Assistant Counsel, and John L. Heaton, Chief Counsel, for appellee.

Argued May 26, 1988, before Judges COLINS and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, March 27, 1989:

Appellants, Andrew and Helen Barron and Frank and Anna Horvath, appeal an order of the Court of Common Pleas of Fayette County which dismissed their petition for the appointment of a Board of View. We reverse.

On or about April 2, 1974, by order of the Pennsylvania Public Utility Commission (PUC), the premises of Andrew and Helen Barron and Frank and Anna Horvath were appropriated for the purpose of the construction...

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