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HAWK SALES CO., INC. v. PennDOT

No. 1000 C.D. 1977.

38 Pa.Commw. 535 (1978)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1084, Sec. A10 R/W, Deed Book 95, Page 69, Claim No. 5400785. Marjorie M. Fetter (now known as Marjorie M. Sassaman), Owner and Hawk Sales Co., Inc., Tenant and Lessee v. Commonwealth of Pennsylvania, Department of Transportation. Hawk Sales Company, Inc., Appellant.

Commonwealth Court of Pennsylvania.

November 21, 1978.

Attorney(s) appearing for the Case

William S. Kieser, with him Kieser and Gahr, for appellant.

Charles A. Buechel, Jr., Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, and Robert P. Kane, Attorney General, for appellee.

Argued September 12, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE DiSALLE, November 21, 1978:

Presently before this Court is the appeal of Hawk Sales Company (Lessee) from an order of the Court of Common Pleas of Snyder County which confirmed both a board of view's award of damages to Marjorie Fetter Sassaman (Landowner) and the board's denial of damages to Lessee for the taking of a portion of Landowner's property. Lessee contends that it is entitled to share in the award of general damages to Landowner and to...

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