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IN RE CONSTR. OF LEG. ROUTE 115 ETC.

No. 1428 C.D. 1982.

80 Pa.Commw. 165 (1984)

In Re: Construction of The Commonwealth of Pennsylvania, Department of Transportation, of Legislative Route 115 etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

February 7, 1984.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Edward J. Tocci, Duplaga, Tocci, Palmieri & McMillen, for appellee.

Argued March 3, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., February 7, 1984:

This is an appeal by the Commonwealth's Department of Transportation (Commonwealth) from an order entered by the Court of Common Pleas of Beaver County confirming a viewers' award of delay compensation in favor of Hazel M. Pettibon (Pettibon) under Section 611 of the Eminent Domain Code (Code).1

The controversy between Pettibon and the Commonwealth began over a decade ago when Pettibon...

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