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PennDOT v. RICHARDS

No. 692 C.D. 1988.

124 Pa.Commw. 432 (1989)

556 A.2d 510

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. William J. Richards, Jr., Appellee.

Commonwealth Court of Pennsylvania.

March 29, 1989.

Attorney(s) appearing for the Case

William J. Cressler, Assistant Counsel, with him, Scott M. Olin, Assistant Counsel, and John L. Heaton, Chief Counsel, for appellant.

Peter J. Weygandt, for appellee.

Argued December 16, 1988, before Judges DOYLE and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, March 29, 1989:

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Chester County dismissing its preliminary objections to the petition of William J. Richards, Jr. for the appointment of a Board of Viewers to assess damages in the alleged de facto taking of property owned by Richards.

The pertinent facts are as follows. Richards owns property abutting the north...

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