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CROOP ESTATE v. PennDOT

No. 788 C.D. 1977.

38 Pa.Commw. 305 (1978)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 4, Section 30. Estate of Stanley Croop, Deceased v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

October 27, 1978.

Attorney(s) appearing for the Case

Patrick J. Lavelle, Special Assistant Attorney General, with him Edward D. Werblun, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Gifford Cappellini, with him Raymond J. Sobota, Arthur L. Piccone, and Cardoni, Coslett, Cappellini, Sobota & Piccone, for appellee.

Argued April 7, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 27, 1978:

The Pennsylvania Department of Transportation (PennDOT) appeals here from an order of the Court of Common Pleas of Luzerne County which dismissed its exceptions to a verdict entered in favor of the estate of Stanley Croop (condemnee).

PennDOT, by a declaration of taking, condemned for road improvement purposes 5.31 acres of an 885 acre tract of land owned by the condemnee situate in Hunlock Township, Luzerne County...

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