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IN RE DE FACTO CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA

164 Pa.Commw. 81 (1994)

644 A.2d 1274

In re De Facto Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Property Owned Legally or Equitably by Scott E. Schaeffer, Individually and d/b/a Scott Schaeffer Auto Center, Auto, Auto Sales, and Amity Realty Incorporated, Located at Route 422 and Monocacy Road, Amity Township, Berks County, PA: Project Consisting of Installation of Medial Barrier on Route 422. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT of TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 11, 1994.

Publication Ordered July 14, 1994.

Attorney(s) appearing for the Case

Carl Vaccaro, Asst. Counsel, for appellant.

James A. Cunningham, for appellee.

Before DOYLE and FRIEDMAN, JJ., and DELLA PORTA, Senior Judge.

FRIEDMAN, Judge.

The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Berks County (trial court) which dismissed the Commonwealth's preliminary objections to Scott Schaeffer Auto Center's (Schaeffer) petition for appointment of a Board of Viewers and sustained Schaeffer's preliminary objections to the Commonwealth's preliminary objections.1

Schaeffer owns property and operates...

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