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COM. DOT v. GREENFIELD TP.-PROP. OWNERS

135 Pa.Commw. 113 (1990)

582 A.2d 41

In re: Condemnation By the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1126, Section C05, a Limited Access Highway, in the Township of Greenfield. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant v. GREENFIELD TOWNSHIP — PROPERTY OWNERS: Dan F. and Arlene DeMarco, his wife, Appellees.

Commonwealth Court of Pennsylvania.

Decided September 7, 1990.

Reargument Denied November 8, 1990.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Sr. Asst. Counsel, with him, William J. Cressler, Asst. Chief Counsel, and John L. Heaton, Chief Counsel, for appellant.

James F. Geronimo, with him, Edward Orton, Orton & Jeffery, P.C., North East, for appellees.

Before CRUMLISH, Jr., President Judge, and PELLEGRINI, J., and SILVESTRI, Senior Judge.

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (PennDot) appeals from an Order of the Court of Common Pleas, Erie County, which ordered PennDot to pay damages to Dan F. and Arlene DeMarco (DeMarcos) for the de facto taking of 68.77 acres of their property.

The DeMarcos were the owners of approximately 100 acres in Greenfield Township, Erie County. On September 18, 1985, PennDot filed a declaration of taking which condemned...

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