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JORDAN APPEAL

No. 1832 C.D. 1982.

73 Pa.Commw. 572 (1983)

In the Matter of: Condemnation of Rights of Way and Easements Situate in the Borough of White Oak etc. Terry L. Jordan, Administrator of the Estate of Dorothy L. Williams, Appellant.

Commonwealth Court of Pennsylvania.

April 25, 1983.

Attorney(s) appearing for the Case

Terry L. Jordan, with him Samuel J. Reich, Samuel J. Reich & Associates, for appellant.

Arnold V. Plum, with him W. Richard Booth, Plum & Booth, for appellee.

Argued March 2, 1983, before Judges BLATT, CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 25, 1983:

The executor of the estate of a deceased landowner has appealed from an order of the Court of Common Pleas of Allegheny County which dismissed a proceeding filed to contest actions of the Borough of White Oak taken in furtherance of the relocation of a portion of Rankin Road in that borough.

According to undisputed averments, the borough and its agents in June of 1981 had entered onto the land in question and chopped...

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