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PennDOT v. SE. DELCO SCH. DIST.

No. 3241 C.D. 1984.

97 Pa.Commw. 485 (1986)

509 A.2d 981

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Southeast Delco School District, Appellee.

Commonwealth Court of Pennsylvania.

Argued April 7, 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.

Peter J. Nolan, for appellee.

Before Judges ROGERS and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, May 28, 1986:

The Department of Transportation (DOT) appeals an order of the Common Pleas Court of Delaware County, which dismissed its preliminary objections to the Southeast Delco School District's (School District) petition for the appointment of viewers. The common pleas court found that a de facto taking did occur as of October 15, 1981, and ordered the Board of Viewers to proceed to determine damages. We reverse.

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