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CONDEMNATION OF 0.077 ACRES BOROUGH OF WEST FAIRVIEW

No. 1394 C.D. 1975.

23 Pa.Commw. 628 (1976)

Condemnation of 0.077 Acres in the Borough of West Fairview, Cumberland County, Pennsylvania. Edward S. Finkelstein v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

March 10, 1976.

Attorney(s) appearing for the Case

Gregory C. Santoro, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Edward S. Finkelstein, appellee, for himself.

Argued February 4, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, March 10, 1976:

This case is an appeal by the Commonwealth of Pennsylvania, Department of Transportation, (Commonwealth) from an order of the Court of Common Pleas of Cumberland County which overruled preliminary objections of the Commonwealth to a petition for the appointment of viewers filed by appellee. We affirm.

Appellee is the owner of a triangular-shaped tract of land situated in the Borough of West Fairview, Cumberland County...

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