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DeMENO ET UX. v. PennDOT

No. 22 T.D. 1980.

65 Pa.Commw. 555 (1982)

Joseph A. and Frances T. DeMeno, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

April 1, 1982.

Attorney(s) appearing for the Case

Joseph A. DeMeno, appellant, for himself.

Scott Olin, Assistant Counsel, with him, Sandra L. Guydon, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued March 4, 1982, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 1, 1982:

In this eminent domain case, Joseph A. and Frances T. DeMeno appeal from an order of the Court of Common Pleas of Montgomery County holding that delay compensation for the taking of a portion of appellants' property be computed from the date of entry by the condemnor, the Pennsylvania Department of Transportation (PennDOT), rather than from the date of taking.

PennDOT condemned part of the DeMenos property on November...

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