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GARDNER v. COM., DER

145 Pa.Commw. 345 (1992)

603 A.2d 279

Peggy Ann GARDNER, Mary Jane Eckert and Barbara Judge, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellee.

Commonwealth Court of Pennsylvania.

Decided January 31, 1992.

Attorney(s) appearing for the Case

Stanley R. Geary, Pittsburgh, for appellant.

Marc A. Roda, Harrisburg, for appellee.

Before CRAIG, President Judge, PELLEGRINI, J. and BARRY, Senior Judge.

PELLEGRINI, Judge.

Peggy Ann Gardner, Mary Jane Eckert and Barbara Judge (Landowners) appeal from an order of the Court of Common Pleas of Butler County (trial court) that sustained the preliminary objections of the Department of Environmental Resources (DER) and dismissed their Petition for Appointment of Viewers. The trial court reasoned that Landowners' de facto taking claim was not ripe because an administrative remedy was "arguably" available. For the following...

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