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PENNDOT v. CITY OF CHESTER

No. 1977 C.D. 1977.

41 Pa.Commw. 422 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. City of Chester, Appellee.

Commonwealth Court of Pennsylvania.

March 28, 1979.

Attorney(s) appearing for the Case

Edward D. Werblun, Assistant Attorney General, with him William P. Culp, Special 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 September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DiSALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.

OPINION BY JUDGE CRUMLISH, JR., March 28, 1979:

In this eminent domain proceeding, the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeals a decision of the Court of Common Pleas of Delaware County confirming findings of fact and conclusions of law of a court appointed jury of view (Viewers).

A declaration of taking was filed by PennDOT in 1974 condemning 4.5 acres of 50-acre Crozer Park, a municipally owned park, located in the City...

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