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COM. OF PA., DEPT. OF TRANS. APPEAL

No. 708 C.D. 1981.

83 Pa.Commw. 184 (1984)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation etc. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

June 11, 1984.

Attorney(s) appearing for the Case

William J. Cressler, Assistant Counsel, with him, Andrew H. Cline, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Donald H. Lipson, with him, Steven A. Bergstein, Lipson, Zieger & Roth, for appellee.

Argued December 13, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three. Reargued December 6, 1983, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and BARRY.

OPINION BY JUDGE BARRY, June 11, 1984:

Appellant, Pennsylvania Department of Transportation (DOT), seeks review of an order of the Court of Common Pleas of Northampton County, which dismissed preliminary objections to a petition for the appointment of viewers.

Appellee, David Oxford, filed a petition for the appointment of a board of view to assess damages against DOT pursuant to Section 417 of the State Highway Law (Law)1 claiming...

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