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PENNDOT v. BEAMER

Nos. 1039 C.D. 1984 and 1040 C.D. 1984.

89 Pa.Commw. 490 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Henry J. Beamer, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Henry J. Beamer and Elizabeth S. Beamer, his wife, Appellees.

Commonwealth Court of Pennsylvania.

May 24, 1985.

Attorney(s) appearing for the Case

Marilyn K. Josephs, Assistant Counsel, with her, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Samuel D. Clapper, with him, Matthew G. Melvin, and Nathaniel A. Barbera, Barbera and Barbera, for appellees.

Argued March 14, 1985, before Judges MacPHAIL, BARRY and COLINS, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, May 24, 1985:

The Pennsylvania Department of Transportation (DOT) appeals here from a decision of the Court of Common Pleas of Somerset County which ordered that two contiguous parcels of land condemned in part by DOT must be treated as one parcel for the purpose of assessing damages.1 Although we are not in agreement with all of that Court's rationale...

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