Commonwealth v. Spear

Biester, P. J.,

On December 23, 1964, in response to a petition by Burton Spear and Catherine Spear, his wife, this court appointed viewers directing them to view the premises of petitioners, hold hearings and file a report, and award just compensation to petitioners pursuant to the provisions of the Eminent Domain Code of June 22, 1964, P. L. 84, 26 PS §1.101, et seq. The Commonwealth of Pennsylvania has filed “Preliminary Objections in the Nature of Motion to Dismiss Petition and Discharge Viewers”, alleging that there has been no condemnation within the purview of the Eminent Domain Code,…