Appeal of Condemnation by the Commonwealth, Department of Highways

OPINION

This is a condemnation case involving land held by the Borough of Warren, Warren County, subject to a restriction in the deed limiting use to certain specific purposes and “. . . such other purpose or purposes as [the Borough of Warren] may now acquire or hold or may hereafter be authorized to acquire and hold real property.” This appeal by the Commonwealth of Pennsylvania, Department of Highways, now known as Department of Transportation, is from an order of the Commonwealth Court affirming the judgment entered in the Court of Common Pleas for the sum awarded the Borough in a jury…