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DEPARTMENT of TRANS. APPEAL.

No. 1529 C.D. 1982.

81 Pa.Commw. 262 (1984)

In Re: Determination of Whether a De Facto Taking Has Occurred. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

April 2, 1984.

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.

Richard T. Williams, Sr., for appellee.

Argued October 6, 1983, before Judges WILLIAMS, JR., BARRY and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, April 2, 1984:

The Department of Transportation (Department) appeals here an order of the Court of Common Pleas of Cambria County dismissing its preliminary objections to a petition filed by Lakeview Motel, Inc. (Lakeview) in which Lakeview sought a declaratory judgment pursuant to the Declaratory Judgments Act, 42 Pa. C. S. §§7531-7541.1 The Department...

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