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PennDOT v. STEPPLER ET UX.

No. 1675 C. D. 1985.

114 Pa.Commw. 300 (1988)

542 A.2d 175

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Donald & Anne Steppler, Appellees.

Commonwealth Court of Pennsylvania.

March 9, 1988.

Attorney(s) appearing for the Case

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

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

Argued June 12, 1986, before President Judge CRUMLISH, JR., Judge COLINS, and Senior Judge KALISH, sitting as a panel of three. Reargued February 25, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, March 9, 1988:

The Pennsylvania Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Delaware County dismissing its preliminary objections to Donald and Anne Steppler's petition alleging a de facto taking under Section 502(e) of the Eminent Domain Code (Code).1 We reverse.

The entire Steppler property...

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