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STEIN v. COMMONWEALTH

No. 1380 C.D. 1974.

24 Pa.Commw. 524 (1976)

Russell P. Stein, Trustee v. Commonwealth of Pennsylvania, Department of Transportation, Successor to Department of Highways. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

May 19, 1976.

Attorney(s) appearing for the Case

Roger T. Shoop, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Edward Jay Weiss, for appellee.

Argued April 8, 1976, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 19, 1976:

The procedural question raised by this appeal has been before this Court on innumerable occasions. We have held that the trial court must make an evidentiary record and resolve the issue of a de facto taking raised by preliminary objections, and not submit the issue to viewers. Petition of Ramsey, 20 Pa.Commw. 207, 342 A.2d 124 (1975); Nixon Hotel, Inc. v. Redevelopment...

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