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STINE ET AL. v. PennDOT

No. 1832 C.D. 1975.

26 Pa.Commw. 292 (1976)

Emory D. Stine and Violet R. Stine v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

October 1, 1976.

Attorney(s) appearing for the Case

William D. Miller, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

Joseph A. Klein, for appellees.

Argued September 13, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, October 1, 1976:

This action commenced with the filing of a petition for appointment of viewers on August 2, 1966, by the Department of Transportation (appellant) naming Emory D. and Violet R. Stine as condemnees. The death of Violet R. Stine leaves Emory as the sole appellee. The tract in question, previously used as a dairy farm, is located in Swatara Township in Dauphin County. Of its original 52.29 acres, 12.67 were taken for a right...

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