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MERRICK APPEAL.

No. 1805 C.D. 1981.

68 Pa.Commw. 506 (1982)

In Re: Condemnation of Premises 320 Crestview Circle, Nether Providence Township, Delaware County, Pennsylvania, by the Pennsylvania Department of Transportation for Highway Purposes. Richard W. Merrick and Hannah F. Merrick, now deceased, Appellants.

Commonwealth Court of Pennsylvania.

August 27, 1982.

Attorney(s) appearing for the Case

C. Norwood Wherry, for appellants.

Reginald H. Holder, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellees.

Argued June 10, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, August 27, 1982:

This appeal arises from a petition filed by the petitioners, Richard W. and Hannah F. Merrick, requesting appointment of a jury of view, pursuant to Section 502(e) of the Eminent Domain Code (Code),1 because of an alleged de facto taking of their property. On June 26, 1978 a jury of view was appointed, and on November 24, 1978 the Commonwealth filed preliminary objections in the nature of a demurrer...

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