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COMMERCE LAND CORP. v. PennDOT.

No. 16 C.D. 1977.

34 Pa.Commw. 356 (1978)

In Re: Condemnation of 1315 to 1391 Washington Boulevard, City of Pittsburgh, Allegheny County, Pa. Commerce Land Corporation, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 27, 1978.

Attorney(s) appearing for the Case

Brian C. Schreiber, with him Marvin Schreiber, and Schreiber & Schreiber, for appellant.

Benjamin B. Wechsler, II, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued November 1, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., March 27, 1978:

Appellant, Commerce Land Corporation, was originally before us during our Spring 1976 Session to appeal a decision of the Court of Common Pleas which sustained the preliminary objections of the Department of Transportation's (PennDOT/Appellee) petition for appointment of viewers pursuant to Section 612 of the Eminent Domain Code (Code).1 At that time, we ordered a remand and instructed the...

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