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TOWNSHIP OF CHESTER v. PENNDOT.

No. 1134 C.D. 1977.

35 Pa.Commw. 466 (1978)

Township of Chester v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

May 24, 1978.

Attorney(s) appearing for the Case

Martin Burman, with him Michael L. Brint, Special Assistant Attorney General, George Bristol, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

Peter J. Nolan, for appellee.

Argued April 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE MENCER, May 24, 1978:

The Township of Chester, condemnee, owns and operates a low-income public-housing complex containing 150 housing units. The Commonwealth of Pennsylvania, condemnor, filed a declaration of taking wherein it condemned a portion of the complex comprising 32 housing units. A hearing to establish the compensation due was held before a board of viewers which awarded to the Township the cost of constructing a new building to replace...

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