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McCRACKEN v. CITY OF PHILA. ET AL.

Nos. 653 C.D. 1979 and 700 C.D. 1979.

69 Pa.Commw. 492 (1982)

John F. McCracken v. City of Philadelphia and The Pennsylvania Department of Transportation. City of Philadelphia, Appellant. John F. McCracken v. City of Philadelphia and Pennsylvania Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

November 1, 1982.

Attorney(s) appearing for the Case

Alan J. Davis, City Solicitor, with him Richard S. Kohn, Assistant City Solicitor, for appellant, City of Philadelphia.

Thomas J. Hines, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant, Department of Transportation.

Louis J. DiGiacomo, Philips, Curtin & DiGiacomo, for appellee.

Argued March 2, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, MacPHAIL and DOYLE.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., November 1, 1982:

The City of Philadelphia and the Commonwealth of Pennsylvania, Department of Transportation (DOT), appeal a Philadelphia County Common Pleas Court Order dismissing their preliminary objections and appointing a Board of View to assess damages in the de facto taking of property owned by John McCracken. We affirm.

In December of 1974, DOT began...

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