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BILARDI ET UX. v. PENNDOT

No. 3164 C.D. 1983.

89 Pa.Commw. 272 (1985)

Gerard Bilardi and Elizabeth Bilardi, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 14, 1985.

Attorney(s) appearing for the Case

Peter Comerota, for appellants.

John V. Rovinsky, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued April 9, 1985, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 14, 1985:

Gerard Bilardi and Elizabeth, his wife, (appellants), the owners of property in Lackawanna County fronting on a state highway, filed a petition for the appointment of viewers pursuant to Section 502(e) of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1502(e), alleging that the Department of Transportation (DOT) had de facto appropriated their property by digging...

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