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PennDOT v. SMOLUK ET UX.

No. 434 C.D. 1985.

100 Pa.Commw. 422 (1986)

514 A.2d 1000

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Ronald and Margaret Smoluk, Appellees.

Commonwealth Court of Pennsylvania.

September 10, 1986.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

George D. Harwood, with him, Murray S. Eckell, Eckell, Sparks, Levy, Auerbach & Monte, for appellees.

Argued April 7, 1986, before Judges ROGERS and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 10, 1986:

The Pennsylvania Department of Transportation (Department) appeals from the order of the Court of Common Pleas of Delaware County which dismissed the Department's preliminary objections to a petition alleging a de facto taking under Section 502(e) of the Eminent Domain Code.1

Ronald F. and Margaret V. Smoluk are the present owners of a property located on the corner of Calcon Hook Road...

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