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PenDOT v. KEMP ET UX.

Nos. 2754 C.D. 1984 and 2753 C.D. 1984.

100 Pa.Commw. 436 (1986)

515 A.2d 68

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Eric and Hazel M. Kemp, h/w, Appellees. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Eric and Hazel Kemp, h/w, 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:

This is a consolidated appeal by the Pennsylvania Department of Transportation (Department) from two orders of the Court of Common Pleas of Delaware County which disposed of Eric A. and Hazel Kemp's (Kemp's) petition alleging a de facto taking under Section 502(e) of the Eminent Domain Code,1 and the Department's subsequently-filed declaration...

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