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PennDOT v. NEMIROFF

No. 2182 C.D. 1977.

42 Pa.Commw. 478 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Edith Nemiroff, Appellee.

Commonwealth Court of Pennsylvania.

May 8, 1979.

Attorney(s) appearing for the Case

William P. Culp, Special Assistant Attorney General, with him Stuart M. Bliwas, Assistant Attorney General, and Robert W. Cunliffe, Deputy Attorney General-Chief Counsel, for appellant.

Peter J. Nolan, for appellee.

Argued April 2, 1979, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 8, 1979:

The Commonwealth's Department of Transportation (PennDOT) has appealed from an order of the Court of Common Pleas of Delaware County, granting Edith Nemiroff's motion for a new trial in this eminent domain case. We affirm.

On December 4, 1972 PennDOT filed a declaration of taking of Mrs. Nemiroff's property, located in Chester Township, Delaware County, for the...

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