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COM., DEPT. OF TRANSP. v. BROWN

133 Pa.Commw. 156 (1990)

576 A.2d 75

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Petitioner, v. Robert J. BROWN, Respondent. Robert J. BROWN v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA FISH COMMISSION and Commonwealth of Pennsylvania, Department of Transportation. Petition of COMMONWEALTH of Pennsylvania, PENNSYLVANIA FISH COMMISSION.

Commonwealth Court of Pennsylvania.

Decided May 14, 1990.

Reargument Denied July 18, 1990.

Petition for Allowance of Appeal Denied January 7, 1991.

Attorney(s) appearing for the Case

William J. Cressler, Asst. Chief Counsel, with him, John L. Heaton, Chief Counsel, for petitioner/respondent, Dept. of Transp.

Dennis T. Guise, Chief Counsel, for petitioner, Pennsylvania Fish Com'n.

Norman J. Cowie, Thomson, Rhodes & Cowie, Pittsburgh, for respondent, Robert J. Brown.

Before DOYLE and PALLADINO, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Pennsylvania Department of Transportation (DOT) and the Pennsylvania Fish Commission (Commission) appeal from an order of the Board of Property (Board) which granted Robert J. Brown (Brown) entitlement to certain land located underneath a portion of the Allegheny Valley Expressway (Expressway), in North Buffalo Township, Armstrong County. We affirm.

The facts are as follows. During 1969 and 1970, DOT condemned approximately 3.66 acres...

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