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IN RE CONDEMN. IN GLENFIELD BORO

No. 265 C.D. 1975.

23 Pa.Commw. 652 (1976)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1016, Section 11B, a Limited Access Highway in Glenfield Borough, Allegheny County, Pennsylvania. Gregg H. Jones and Essie Jones, his wife. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

March 11, 1976.

Attorney(s) appearing for the Case

Benjamin B. Wechsler, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Leonard M. Mendelson, with him Hollinshead and Mendelson, for appellees.

Argued October 31, 1975, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, March 11, 1976:

This is an appeal by the Department of Transportation (condemnor) from an order of the Court of Common Pleas of Allegheny County, dated February 3, 1975, which ordered that the condemnor pay to Gregg H. Jones and Essie Jones (condemnees) $22,500 for the value of condemned property and $4,500 as a replacement housing supplement. The question we must decide is whether, under the facts of this case, the $4,500 housing supplement...

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