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APPEAL OF COM., DEPT. OF TRANSP.

146 Pa.Commw. 344 (1992)

605 A.2d 1286

In re Condemnation By the Commonwealth of Pennsylvania, Department of Transportation of Right of Way, for Legislative Route 1046, Section 2A R/W, a Limited Access Highway in the Township of Upper Providence. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 13, 1992.

Reargument Denied May 14, 1992.

Attorney(s) appearing for the Case

William J. Cressler, Asst. Chief Counsel, for appellant.

A. Richard Gerber, for appellee.

Before CRAIG, President Judge, McGINLEY, J. (P.), and BARRY, Senior Judge.

BARRY, Senior Judge.

The Department of Transportation (DOT) appeals from the final judgment of the Court of Common Pleas of Montgomery County in a condemnation case. The jury awarded condemnees $785,000 as just compensation. The trial judge then awarded delay damages and attorneys' and appraiser's fees totalling an additional $1,825,567.05, for a total judgment of $2,610,567.05.1

I. Procedural History

In 1965, condemnees...

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