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PennDOT v. FACKLER ET UX.

No. 463 C.D. 1985.

100 Pa.Commw. 546 (1986)

515 A.2d 102

In Re: Condemnation by the Commonwealth of Pennsylvania Department of Transportation of Right of Way, for Legislative Route 153, Section B-20 R/W, in the Township of Montgomery. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Roy A. Fackler and Cynthia Fackler, his wife, Appellees.

Commonwealth Court of Pennsylvania.

September 18, 1986.

Attorney(s) appearing for the Case

Scott M. Olin, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

C. Stephens Vondercrone, Jr., Pearlstine, Salkin, Hardiman and Robinson, for appellees.

Argued April 8, 1986, before Judges ROGERS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, September 18, 1986:

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Montgomery County (trial court) which sustained an objection to, and modified a legal conclusion in, a report by a Board of View and dismissed other objections to the report.

On April 2, 1982 DOT filed a Declaration of Taking of 6,864 square feet of real property owned by Roy and Cynthia Fackler...

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