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APPEAL OF COM., DEPT. OF HIGHWAYS

476 Pa. 600 (1978)

383 A.2d 525

Appeal of Condemnation by the COMMONWEALTH of Pennsylvania, DEPARTMENT OF HIGHWAYS, of Right of Way for Legislative Route 1094, Section 2 R/W, a limited Access Highway in Conewango and Pleasant Townships and the Borough of Warren. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided March 23, 1978.

Attorney(s) appearing for the Case

Roger T. Shoop, Asst. Atty. Gen., Pa. Dept. of Transportation, Harrisburg, Benjamin B. Wechsler, Pittsburgh, for appellant.

John E. Eberly, Harper, Clinger & Eberly, Warren, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

PER CURIAM:

This is a condemnation case involving land held by the Borough of Warren, Warren County, subject to a restriction in the deed limiting use to certain specific purposes and ". . . such other purpose or purposes as [the Borough of Warren] may now acquire or hold or may hereafter be authorized to acquire and hold real property." This appeal by the Commonwealth of Pennsylvania, Department of Highways, now known as Department of Transportation...

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