Benek v. Commonwealth, Pennsylvania Game Commission

Opinion by

Judge MacPhail,

This is an appeal from an order of the Court of Common Pleas of Butler County, en banc, dismissing the exceptions of Mr. and Mrs. Edward Benek (Beneks) to the Court’s non-jury verdict awarding damages to the Beneks in the sum of $25,500.00 plus reimbursement of $500.00 as a payment toward reasonable appraisal and attorney’s fees in an eminent domain case.

The Beneks raised two issues in this appeal. The first concerns the allegedly fatal procedural defects employed by the Pennsylvania Game Commission (Commission) with respect to the taking and the second issue involves…