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IN RE: CONDEMNATION FOR LEG. RT. 67045.

No. 1440 C.D. 1981.

71 Pa.Commw. 224 (1983)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way, for Legislative Route 67045, Section 108 R/W, a Limited Access Highway, in the City of Philadelphia. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

January 17, 1983.

Attorney(s) appearing for the Case

Richelle D. Sanders, Assistant Counsel, with her Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Martin Burman, with him D. Bruce Hanes, Shein & Brookman, P.A., for appellee, J. Faunce, Inc.

Argued June 11, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, January 17, 1983:

This is an appeal by the Pennsylvania Department of Transportation (Department) from an order of the Court of Common Pleas of Philadelphia dismissing preliminary objections and appointing a Board of View under 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). We affirm the order of the court of common pleas.

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