Miller Estate v. Department of Highways

Opinion by

Mr. Justice Jones,

The Commonwealth of Pennsylvania, Department of Highways, effected a condemnation of certain property of the Estate of Samuel D. Miller, (condemnee), in Delaware County. On October 13, 1965, on petition of the Commonwealth, the Court of Common Pleas of Delaware County appointed a board of view, (Board). After hearing, the Board filed its report on May 3, 1966, wherein it awarded the condemnee damages of $70,500. On May 31, 1966, the Commonwealth filed an appeal to the Court of Common Pleas of Delaware County.

The condemnee then filed preliminary objections to the…