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COMTH. DEPT. TRANS. APLNT. v. EPLEY LAND CO.

No. 1671 C.D. 1973.

16 Pa.Commw. 508 (1974)

Commonwealth of Pennsylvania, Department of Transportation, Appellant, v. Epley Land Company, Appellee.

Commonwealth Court of Pennsylvania.

December 5, 1974.

Attorney(s) appearing for the Case

Mark S. Silver, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellant.

George R. Specter, with him Louis Caplan, Philip Baskin and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellee.

Argued November 6, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, December 5, 1974:

On August 24, 1970, appellant-condemnor filed a declaration of taking condemning certain property owned by appellee-condemnee. On February 24, 1972, the Allegheny County Court of Common Pleas sustained condemnee's preliminary objections as to jurisdiction and dismissed the declaration of taking. The Commonwealth did not appeal this order. Condemnee then presented a petition for deterimnation and award of damages pursuant...

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