Eminent domain — Agreement by owner to dedicate land to municipality — Subsequent lease of property — Termination of lease by owner — Lessee's claim for damages.
In this eminent domain proceeding in which it appeared that an owner of land entered into an agreement with a municipality to dedicate the land to it and thereafter entered into a lease of the property which was terminable on thirty days' written notice; that years later the owner gave the lessee timely notice of termination of the lease and subsequent to the termination of the lease the Commonwealth took possession of the land pursuant to an agreement with the municipality, it was Held that at the time the Commonwealth and the municipality took physical possession of the land the former lessee was a trespasser thereon and had no interest in the land and no right to recover damages in an eminent domain proceeding.
OPINION PER CURIAM, June 30, 1959:
The judgment of nonsuit is affirmed on the Opinion of Judge KENNEDY, reported in 17 Pa. D. C.2d 287.