In re Condemnation by the Commonwealth

Opinion by

Judge MacPhail,

Raymond E. Buerkle (Appellant) has filed this appeal from an order of the Court of Common Pleas of Allegheny County that denied Appellant’s petition to strike the awards of viewers in a condemnation proceeding hy the Department of Highways (Commonwealth) of a right of way for Legislative Route 1016. We affirm.

The procedural history of this case is tortuous, but essential to a clear understanding of our holding. Therefore, it will be given in some detail.

The Commonwealth filed a Certificate of Taking on November 17, 1966. On January 23, 1968, Appellant filed a petition…