ZAGORSKI, ET AL. v. DEPT. TRANSP.

No. 631 C.D. 1975.

24 Pa.Commw. 595 (1976)

Reverend Julian G. Zagorski, Bernice Dougherty and Cecilia E. Zagorski v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

May 25, 1976.


Attorney(s) appearing for the Case

Ronald M. Chesin, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Jules Pearlstine, with him George Willner, and Pearlstine, Salkin, Hardiman & Robinson, for appellees.

Argued April 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, May 25, 1976:

The Commonwealth of Pennsylvania, acting by its Department of Transportation (PennDOT) has appealed from a judgment entered on a verdict in favor of landowners in an eminent domain case. We affirm.

Before the jury trial, PennDOT, pursuant to Section 703(2) of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §...

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