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IN RE: CONDEMNATION FOR L.R. 56677-000.

No. 1192 C.D. 1982.

76 Pa.Commw. 580 (1983)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 56677-000 etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

August 29, 1983.

Attorney(s) appearing for the Case

Walter F. Cameron, Jr., Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

John N. Scales, Scales, DeRose and Murray, for appellee.

Argued March 3, 1983, before President Judge CRUMLISH, Jr. and Judges WILLIAMS, JR. and BARBIERI, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., August 29, 1983:

The Pennsylvania Department of Transportation (DOT) appeals a Westmoreland County Common Pleas Court order denying its preliminary objections to a petition for the appointment of viewers in a condemnation case. We affirm.

A portion of Joseph Simon's land was condemned under the Pennsylvania Eminent Domain Code1 on...

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