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DEPT. OF TRANSPORTATION v. LAWTON ET UX.

No. 1435 C.D. 1979.

50 Pa.Commw. 144 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. J. Edward Lawton, III, and Jennifer R. Lawton, his wife, Appellees.

Commonwealth Court of Pennsylvania.

March 14, 1980.

Attorney(s) appearing for the Case

Marie Inyang, Special Assistant Attorney General, with her John T. Clary, Jr., Special Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Edward G. Biester, Attorney General, for appellant.

Murray S. Eckell, with him Nicholas J. Emper, of Eckell, Sparks, Vadino, Auerbach and Monte, for appellees.

Argued February 8, 1980, before Judges WILKINSON, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., March 14, 1980:

Alleging a "de facto" taking, the appellees commenced this litigation with a petition for the appointment of viewers filed pursuant to Section 502(e) of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-502(e). The Court of Common Pleas of Delaware County dismissed preliminary objections of the Commonwealth of Pennsylvania, Department of Transportation...

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