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COMMONWEALTH v. SGARLAT

404 Pa. 225 (1961)

Commonwealth v. Sgarlat, Appellant.

Supreme Court of Pennsylvania.

June 26, 1961.

Attorney(s) appearing for the Case

Neville B. Shea, for appellant.

Wanda P. Chocallo, Assistant Attorney General, with her Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Before JONES, C.J., BELL, JONES, COHEN, BOK and EAGEN, JJ.

OPINION PER CURIAM, June 26, 1961:

The appellant, Margretta Sgarlat, is the owner of improved land situated to the rear of land in which the Commonwealth enjoys the perpetual easement to use and occupy in carrying out a flood control program. The only access to the land in the rear is over a roadway presently running through the land in which the Commonwealth owns the easement in perpetuity.

This present action is quite clearly for the purpose of securing...

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