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PennDOT v. SCHODDE ET AL.

No. 1065 C.D. 1980.

61 Pa.Commw. 77 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Carl L. Schodde et al., Appellees.

Commonwealth Court of Pennsylvania.

August 5, 1981.

Attorney(s) appearing for the Case

Michael J. Creighton, Special Assistant Attorney General, with him Ward T. Williams, Chief Counsel — Transportation, and Harvey Bartle, III, Acting Attorney General, for appellant.

William P. Bresnahan, O'Donnell, Bresnahan, Caputo and Capristo, for appellees.

Argued May 6, 1981, before President Judge CRUMLISH and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE BLATT, August 5, 1981:

The Pennsylvania Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Allegheny County which sustained the appellees' preliminary objections to declarations of taking filed by DOT.

On June 25, 1976, in order to provide for the construction of a limited access highway, DOT filed declarations of taking to condemn two properties owned by the appellees. On July 20, 1976, the appellees filed...

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