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DEPT. OF TRANS. v. YUDACUFSKI

No. 2186 C.D. 1983.

83 Pa.Commw. 609 (1984)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Herman Yudacufski, Appellee.

Commonwealth Court of Pennsylvania.

July 12, 1984.

Attorney(s) appearing for the Case

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

Lewis Kates, Kates, Livesey & Mazzocone, for appellee.

Argued February 2, 1984, before Judges MacPHAIL, PALLADINO and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 12, 1984:

The Department of Transportation (DOT) appeals here an order of the Court of Common Pleas of Delaware County. This case has been in litigation for approximately eighteen years and, not surprisingly, its history is somewhat complex.

Some time between 1964 and 1967, two parcels of land, which were owned by the appellee, Herman Yudacufski, were condemned by DOT. Pursuant to a petition filed by Yudacufski, a Board of View...

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