Lutsko v. Dept. of Transportation

Opinion by

Judge Crumlish, Jr.,

This is an appeal filed by condemnees Elizabeth and John Lutsko (Lutsko) from an order of the Court of Common Pleas of Clarion County dated February 1, 1971, which denied their motion for a new trial in an eminent domain case.

On August 27, 1961, the then Department of Highways (Commonwealth) effected a condemnation of 10.51 acres of the Lutskos’ 92.72 acre farm to construct a one-way or divided interchange to Interstate Route 80. An additional 2.15 acres were taken for a channel change on the Lutsko property. On the petition of Lutsko, a board of viewers was…