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BRILL v. DEPT. TRANSPORTATION

No. 1536 C.D. 1974.

22 Pa.Commw. 202 (1975)

Robert S. Brill and Dolores Brill, husband and wife v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 5, 1975.

Attorney(s) appearing for the Case

Patrick J. Lavelle, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Pasco L. Schiavo, for appellees.

Argued October 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, December 5, 1975:

This is an action in which landowners Robert S. Brill and Dolores Brill seek condemnation damages for the consequences of the widening of a road passing in front of their property.

The Brill property is located on the north side of legislative route 40176 commonly known as Airport Road in Sugarloaf Township, Luzerne County. In late 1969 or early 1970 the Pennsylvania Department of Transportation (PennDOT) commenced...

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