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COM., DEPT. OF TRANSP. v. ELSER

152 Pa.Commw. 523 (1993)

620 A.2d 67

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant, v. James ELSER and Caroline Elser, Appellees.

Commonwealth Court of Pennsylvania.

Decided January 7, 1993.

Attorney(s) appearing for the Case

Carl Vaccaro, Asst. Counsel In-Charge, for appellant.

Denis M. Dunn, for appellees.

Before PALLADINO and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

PELLEGRINI, Judge.

The Department of Transportation (Department) appeals from an Order of the Court of Common Pleas of Delaware County (trial court) dismissing the Department's Preliminary Objections to a Petition for a Board of View filed by James and Caroline Elser (Elsers).

The Elsers are the owners of property at 601A Convent Road in Aston Township (Township), Delaware County. On the property, there is a multi-family dwelling in which the Elsers reside...

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