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IN RE BEVERLY ESTATES CONDEMNATION

No. 82 September term, 1976.

24 Pa. D. & C. 3d 287 (1981)

In Re: Condemnation by the Commonwealth of Pennsylvania of Property of Beverly Estates, Inc.

Common Pleas Court of Lancaster County, Pennsylvania.

July 21, 1981.

Attorney(s) appearing for the Case

H. Walter Rago and Theodore A. Adler, for Commonwealth.

James Hinely, for Intervener.

BUCKWALTER, J., July 21, 1981.

Now before the court is a petition to intervene filed by Murry Development Corporation, and a request by both parties for a pretrial determination of the issue of unity of use.

This dispute arose from the filing of a declaration of taking on September 14, 1976. The tract at issue contains 7.29 acres, and at the time of taking was a part of a larger tract owned by Beverly Estates, Inc.

On August 8, 1978, Murry Development...

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