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VICTORY GLASS. INC. APPEAL

No. 1566 C.D. 1980.

61 Pa.Commw. 72 (1981)

Appeal of Victory Glass, Inc., a Pennsylvania Corporation, From the Just Compensation Due Petitioner Arising From the de Facto Condemnation of Its Properties Situate in the Township of Hempfield, County of Westmoreland and Commonwealth of Pennsylvania. Victory Glass, Inc., Appellant.

Commonwealth Court of Pennsylvania.

August 10, 1981.

Attorney(s) appearing for the Case

Leonard M. Mendelson, Hollinshead and Mendelson, for appellant.

H. Nevin Wollam, for appellee.

Submitted on briefs May 7, 1981, before Judges MENCER, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 10, 1981:

This is an appeal by Victory Glass, Inc. (Condemnee) from an order of the Court of Common Pleas of Westmoreland County dismissing its preliminary objections to the declaration of relinquishment filed by the Hempfield Township Municipal Authority (Condemnor).

On November 10, 1976, the Condemnor filed a declaration of taking in the Court of Common Pleas of Westmoreland County whereby it condemned a right-of-way or...

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