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MONACO ET UX. v. PennDOT, APPELLANT

No. 1583 C.D. 1975.

26 Pa.Commw. 387 (1976)

In Re: The Matter of the Condemnation of 14 East Maple Street, New Castle, Pennsylvania, Being the Property of: Joseph P. and Mary Monaco v. Commonwealth of Pennsylvania, Department of Transportation. The Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

September 13, 1976.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Thomas M. Piccione, with him Shumaker, Shumaker & Piccione, for appellees.

Argued May 3, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE BLATT, September 13, 1976:

In 1973, the Commonwealth of Pennsylvania, Department of Transportation (PennDOT), completed the construction of a viaduct near property owned by Joseph P. Monaco and Mary Monaco, husband and wife, in the City of New Castle, Pennsylvania. On October 4, 1973, the Monacos petitioned the Court of Common Pleas of Lawrence County for the appointment of a Board of Viewers to assess the damage to their property caused by the construction...

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