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PANE v. DEPARTMENT OF HIGHWAYS

422 Pa. 489 (1966)

Pane v. Department of Highways, Appellant.

Supreme Court of Pennsylvania.

September 27, 1966.

Attorney(s) appearing for the Case

George R. Specter, Assistant Attorney General, with him Robert W. Cunliffe, Assistant Attorney General, John R. Rezzolla, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Pasco L. Schiavo, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE JONES, September 27, 1966:

This appeal presents an interesting question: is the Commonwealth of Pennsylvania, in the absence of an actual "taking" of property, liable for consequential damages where a plan for the widening and change of grade of a highway was duly filed prior to the passage of the Eminent Domain Code of 19641 (the Code), but where the actual widening of said highway and the change of grade, —...

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