IN RE COM., DEPT. OF TRANSP.

No. 218 C.D. 2020.

255 A.3d 635 (2021)

IN RE: CONDEMNATION BY the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY OF STATE ROUTE 0443, SECTION 02S, IN the TOWNSHIP OF MAHONING Commonwealth of Pennsylvania, Department of Transportation v. Bennett Family Properties, LLC, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 10, 2021.


Attorney(s) appearing for the Case

William L. Byrne , Wilkes-Barre, for Appellant.

Robert J. Kopacz , Assistant Chief Counsel, Scranton, for Appellee Department of Transportation.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge (P.), HONORABLE ANNE E. COVEY, Judge.


Bennett Family Properties, LLC (BFP) appeals from the Carbon County Common Pleas Court's (trial court) January 21, 2020 order overruling BFP's preliminary objections (Preliminary Objections) to the Commonwealth of Pennsylvania, Department of Transportation's (PennDOT) Declaration of Taking (Declaration). BFP presents two...

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