BODLEY, J., May 13, 1977.
This case involves the appeal of the Commonwealth from an award by a board of view. The matter was scheduled for trial but was removed from the list at the request of counsel in order that certain legal questions might be determined before trial. By agreement of counsel, hearing was held March 15, 1977, during which brief testimony was taken concerning the issues presented and, pursuant to counsels' request, this opinion is rendered...
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