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DEPT. TRANS. v. GAYESKI, ET AL.

No. 660 C.D. 1972.

21 Pa.Commw. 273 (1975)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Edward Gayeski and Alba Gayeski, his wife, t/a Rex Craft Realty and Development Company, Appellees.

Commonwealth Court of Pennsylvania.

September 26, 1975.

Attorney(s) appearing for the Case

Edward D. Werblun, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Frank G. Harrison, with him Rosenn, Jenkins & Greenwald, for appellees.

Argued September 11, 1975, before Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, September 26, 1975:

This is an appeal by the Pennsylvania Department of Transportation (PennDOT) from the judgment entered in the Court of Common Pleas of Luzerne County on a jury verdict in favor of condemnees Edward and Alba Gayeski, trading as Rex Craft Realty & Development Company (Gayeski).

On August 11, 1953, then Governor John S. Fine approved a plan establishing a limited access highway through Avoca Borough, Luzerne County...

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