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OXFORD v. PennDOT

No. 478 C.D. 1985.

96 Pa.Commw. 68 (1986)

506 A.2d 990

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 48032, Claim No. 4802934. David Oxford, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 20, 1986.

Attorney(s) appearing for the Case

Donald H. Lipson, for appellant.

William J. Cressler, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued February 3, 1986, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, March 20, 1986:

This is an eminent domain case wherein the Petitioner, David Oxford, has appealed an order of the Court of Common Pleas of Northampton County. That order sustained the preliminary objections of the Pennsylvania Department of Transportation (PennDOT) and dismissed his petition for appointment of a board of view.

The record presents the following facts which we deem pertinent to our disposition of this appeal...

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