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PennDOT v. MYERS ET UX.

No. 1303 C.D. 1986.

104 Pa.Commw. 356 (1987)

522 A.2d 112

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Gene F. Myers and Grace B. Myers, his wife, Appellees.

Commonwealth Court of Pennsylvania.

March 5, 1987.

Attorney(s) appearing for the Case

Lawrence R. Wieder, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellant.

Victor A. Neubaum, for appellees.

Argued November 17, 1986, before Judges BARRY and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, March 5, 1987:

Appellant, Department of Transportation (DOT) seeks review of an order of the Court of Common Pleas of Adams County which dismissed the preliminary objections of appellant and found that the property of appellees has been subject to a de facto taking. We affirm the trial court.

Since factual issues were involved, the trial court held an evidentiary hearing in the form of depositions and interrogatories to determine...

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