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NIKI D' ATRI ENTER. v. DEP'T OF TRANSP.

No. 257 C.D. 2022.

296 A.3d 661 (2023)

NIKI D' ATRI ENTERPRISES, INC., a Pennsylvania Corporation doing business as Crows Run Recycling (Tenant). v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 17, 2023.

Publication Ordered May 19, 2023.

Attorney(s) appearing for the Case

Nicholas D. Mertens , Assistant Counsel, Pittsburgh, for Appellant.

William P. Bresnahan , Pittsburgh, for Appellee.

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE MARY HANNAH LEAVITT, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Beaver County (trial court) dated February 25, 2022. The trial court denied DOT's post-trial motion for a new trial in an eminent domain matter in which the jury awarded $3,189,677 in damages...

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