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PETERS ET AL. v. DEPT. OF FORESTS AND WATERS

Nos. 1044, 1045, 1046, 1047 and 1048 C.D. 1972.

12 Pa.Commw. 330 (1974)

Joseph J. Peters and Marie H. Peters, husband and wife, Provident National Bank and Albert Nehme, Trustees for Michele Marie Peters, Provident National Bank and Albert Nehme, Trustees for Robert Joseph Peters, Provident National Bank and Albert Nehme, Trustees for Maryellen Peters, Provident National Bank and Albert Nehme, Trustees for Thomas Edward Peters, Appellants, v. Commonwealth of Pennsylvania, Department of Forests and Waters, Appellee.

Commonwealth Court of Pennsylvania.

January 15, 1974.

Attorney(s) appearing for the Case

Thomas M. Garrity, with him Wisler, Pearlstine, Talone, Craig & Garrity, for appellants, Joseph J. Peters and Marie H. Peters, husband and wife.

Burton Spear, with him Spear & Johnsen, for appellants, Provident National Bank and Albert Nehme, Trustees.

Francis J. Tarquini, for appellee.

Argued October 1, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, January 15, 1974:

The Department of Forests and Waters (now the Department of Environmental Resources and hereafter the Department) filed a Declaration of Taking on December 30, 1970 condemning 49.400 acres of land which belonged to appellants, Dr. and Mrs. Peters and, by way of trusts, to their children. The land, known as Skippack Creek Farms, was within the Evansburg State Park Project...

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