BENEK ET UX. v. PA. GAME COMMISSION

No. 359 C.D. 1979.

49 Pa.Commw. 63 (1980)

Edward C. Benek and Margaret M. Benek, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Game Commission, Appellee.

Commonwealth Court of Pennsylvania.

January 25, 1980.


Attorney(s) appearing for the Case

Lee C. McCandless, with him McCandless & Krizner, for appellants.

Richard L. McCandless, with him Dillon, McCandless, King & Kimper, for appellee.

Argued December 4, 1979, before Judges CRUMLISH, JR., MENCER, DiSALLE, CRAIG and MacPHAIL. President Judge BOWMAN and Judges WILKINSON, JR., ROGERS and BLATT did not participate.


OPINION BY JUDGE MacPHAIL, January 25, 1980:

This is an appeal from an order of the Court of Common Pleas of Butler County, en banc, dismissing the exceptions of Mr. and Mrs. Edward Benek (Beneks) to the Court's non-jury verdict awarding damages to the Beneks in the sum of $25,500.00 plus reimbursement of $500.00 as a payment toward reasonable appraisal and attorney's fees in an eminent domain case.

The Beneks raised two issues in this appeal. The first concerns...

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