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PennDOT v. SMOLUK ET UX.

No. 435 C.D. 1985.

100 Pa.Commw. 427 (1986)

514 A.2d 1002

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

Martin Burman, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

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

Submitted on briefs May 29, 1986, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 10, 1986:

The present appeal by the Pennsylvania Department of Transportation (Department) arises from the same fact situation as appears in Department of Transportation v. Smoluk, 100 Pa.Commw. 422, 514 A.2d 1000 (1986) (Smoluk I).

The trial court issued separate orders dismissing the Department's preliminary objections to the landowners...

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