Bear Creek Realty Co. Petition

PiNOLA, J.,

The Pennsylvania Turnpike' Commission asks that we set aside the appointment of a board of viewers made July 27, 1956, to consider damage to property at Bear Creek because there was no taking.

The commission insists that the damages are consequential and, therefore, plaintiffs’ sole remedy is an action in trespass to be brought in Dauphin County.

The petition for the appointment of viewers was presented by the Bear Creek Realty Company, Inc., owner of one half of the land under Bear Creek Lake and approximately 2,500 acres of land in the vicinity of the lake, the Bear Creek…