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IN RE ESTATE OF ROCHEZ

129 Pa.Commw. 581 (1989)

566 A.2d 631

In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1021, Section 1B, a Limited Access Highway, in the City of Pittsburgh. In re ESTATE OF Julia F. ROCHEZ, Deceased, by Edward Goslin et al. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided November 14, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Asst. Counsel, with him, John L. Heaton, Chief Counsel, Pittsburgh, for appellant.

Thomas J. Dempsey, Pittsburgh, for appellees.

Before CRUMLISH, Jr., President Judge, and DOYLE (P.) and COLINS, JJ.

OPINION

CRUMLISH, Jr., President Judge.

The Pennsylvania Department of Transportation (DOT) appealed an order of the Allegheny County Common Pleas Court, which concluded that DOT's taking of the property of the Estate of Julia F. Rochez was excessive.

A panel of Judges of this Court affirmed the common pleas court's order and remanded for a determination of damages. (Doyle, J., concurring and dissenting).

We subsequently granted reconsideration...

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