POWLEY v. COMMONWEALTH

No. 87-1693.

13 Pa. D. & C. 4th 405 (1991)

Powley v. Commonwealth

Common Pleas Court of Carbon County, Pennsylvania.

March 13, 1991.


Attorney(s) appearing for the Case

Joseph A. Klein, for plaintiffs.

Charles J. Bufalino Jr., for defendant.


LAVELLE, P.J., March 13, 1991.

This case comes before us in the unusual posture of objections to the report of the board of view. It raises the always difficult and perplexing problem of whether the condemnee is entitled to the benefit of the unity-of-use doctrine.

Procedurally, the lawsuit took the following route.

On August 30, 1982, the Commonwealth of Pennsylvania, Department of General Services, as part of the Lehigh Gorge Project, condemned...

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