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KING v. COMMONWEALTH ET AL.

No. 915 C.D. 1978.

41 Pa.Commw. 329 (1979)

Jean M. King, Petitioner v. Commonwealth of Pennsylvania and James B. Wilson, Secretary of Transportation et al., Respondents.

Commonwealth Court of Pennsylvania.

March 20, 1979.

Attorney(s) appearing for the Case

David C. Harrison, for petitioner.

Stuart M. Bliwas and Reese A. Davis, with them Harry J. Bradley and Eugene H. Evans, for respondents.

Argued February 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and CRAIG. Judges MENCER and MacPHAIL did not participate.

OPINION BY JUDGE WILKINSON, JR., March 20, 1979:

Plaintiff Jean M. King leases residential property from the Commonwealth, Pennsylvania Department of Transportation (Department), under a month-to-month lease in an area designated for future highway construction. On December 13, 1977 the Department notified plaintiff that her existing lease was being cancelled and that she was thereby being offered a new lease with an increased rental prorating payments in lieu of...

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