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WHITTAKER ET AL. v. PennDOT

No. 1789 C.D. 1978.

45 Pa.Commw. 260 (1979)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1023, Section 13, Deed Book 509, Page 302, Claim No. 3702545. Richard E. Whittaker and Carolyn G. Whittaker, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

August 28, 1979.

Attorney(s) appearing for the Case

William R. Balph, Jr., with him Chambers, Nicolls, Balph & Paul, for appellants.

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for appellee.

Argued May 11, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE MENCER, August 28, 1979:

In July 1965, Richard E. Whittaker and Carolyn G. Whittaker (condemnees) acquired a 109-acre tract of land in Neshannock Township, Lawrence County, Pennsylvania. The easterly portion of the tract, consisting of approximately 34 acres, was a level plateau and was zoned for residential use. The westerly portion of the tract, comprising approximately 75 acres, was zoned industrial and steeply descended to the Shenango River....

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