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DEP'T OF TRANSP. v. BENTLEYVILLE GARDEN

No. 703 C.D. 2020.

264 A.3d 415 (2021)

In Re: Condemnation by the Commonwealth of Pennsylvania, DEPARTMENT OF TRANSPORTATION OF RIGHT-OF-WAY FOR STATE ROUTE 00700, SECTION 21H, IN THE BOROUGH OF BENTLEYVILLE v. BENTLEYVILLE GARDEN INN, INC. c/o Kamlesh B. Gosai, President, Appellant.

Commonwealth Court of Pennsylvania.

Decided October 1, 2021.

Attorney(s) appearing for the Case

Corey S. Young , Charleroi, for Appellant.

Eric J. Jackson , Assistant Chief Counsel, Pittsburgh, for Appellee.

BEFORE: HONORABLE RÉNEE COHN JUBELIRER, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.

Bentleyville Garden Inn, Inc. (Condemnee), c/o Kamlesh B. Gosai, President, appeals an order of the Court of Common Pleas of Washington County (trial court) denying its post-trial motion for judgment non obstante veredicto (N.O.V.) or for a new trial. A jury awarded Condemnee damages for the taking of two acres of...

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