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PennDOT v. HESS ET AL.

No. 1820 C.D. 1979.

55 Pa.Commw. 27 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Ivan W. and Kathryn M. Hess, Appellees.

Commonwealth Court of Pennsylvania.

November 25, 1980.

Attorney(s) appearing for the Case

Sandra L. Guydon, with her Martin Burman, Scott M. Olin, Special Assistant Attorney General, Ward Williams, Chief Counsel, and Edward G. Biester, Attorney General, for appellant.

Arthur L. Jenkins, Jr., with him H. Ober Hess, for appellee.

Argued October 6, 1980, before Judges MENCER, ROGERS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 25, 1980:

The Commonwealth, by the Department of Transportation, condemned about 16 acres of the 200 acre farm of Ivan W. and Kathryn M. Hess located in Limerick Township, Montgomery County by Declaration of Taking filed November 23, 1971. A jury of view awarded the condemnees $110,000 in damages and fixed November 23, 1971 as the date for the beginning of the period to be used...

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