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PETER ROBERTS ENTER., INC. v. PennDOT

No. 1157 C.D. 1976.

31 Pa.Commw. 479 (1977)

Peter Roberts Enterprises, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

August 22, 1977.

Attorney(s) appearing for the Case

Martin Burman, Special Assistant Attorney General, with him Ronald M. Chesin, Special Assistant Attorney, Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Peter J. Nolan, for appellee.

Argued April 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY JUDGE CRUMLISH, JR., August 22, 1977:

Presently before this Court is the appeal of the Department of Transportation (PennDOT) from an order of the court of common pleas which dismissed PennDOT's preliminary objections to a petition for appointment of viewers filed by Peter Roberts Enterprises, Inc. (Roberts). The court below had appointed a jury of view to ascertain just compensation for the taking...

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