SZABO v. DEPT. OF TRANSP.

No. 46 WAP 2017.

202 A.3d 52 (2019)

Stephen J. SZABO and Mary B. Szabo, Appellees v. Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Pennsylvania.

Decided: February 20, 2019.


Attorney(s) appearing for the Case

Kenda Jo Marie Gardner, Esq. , Eric John Jackson, Esq. , Pennsylvania Department of Transportation, for Appellant.

William P. Bresnahan, Esq. , Adam Robert Zinsser, Esq. , Bresnahan, Nixon & Finnegan, P.C., William P. Bresnahan II, Esq. , Dickie, McCamey & Chilcote, P.C., for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

This appeal asks us to determine whether a failure to file preliminary objections to a declaration of taking resulted in waiver under Section 306 of the Eminent Domain Code, 26 Pa.C.S. §§ 101-1106 (Code). After careful review, we hold that the...

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