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KASTNER v. PennDOT

No. 1708 C.D. 1976.

32 Pa.Commw. 267 (1977)

Richard Kastner, Plaintiff v. Commonwealth of Pennsylvania, Department of Transportation, Defendant.

Commonwealth Court of Pennsylvania.

October 26, 1977.

Attorney(s) appearing for the Case

Michael S. Silberman, with him Wilbur Greenberg, and Sidkoff, Pincus & Greenburg, P.C., for plaintiff.

Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendant.

Argued September 12, 1977, before President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, October 26, 1977:

Richard Kastner filed a complaint in trespass within our original jurisdiction, naming as the sole defendant, the Pennsylvania Department of Transportation (PennDOT). The complaint alleges that defendant built a new highway which caused access to plaintiff's property to be more circuitous and difficult. Plaintiff alleges that the value of his tract of ground...

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