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TRACY v. PennDOT

No. 1530 C.D. 1978.

43 Pa.Commw. 218 (1979)

In Re: Petition of Francis Tracy v. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

June 5, 1979.

Attorney(s) appearing for the Case

Michael J. Creighton, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, Chief Counsel, and Gerald Gornish, Acting Attorney General, for appellant.

Gregory T. Nichols, for appellee.

Argued May 7, 1979, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., June 5, 1979:

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation from a dismissal of its Preliminary Objections to a Petition for Appointment of a Board of Viewers. Appellee is alleging a "de facto taking" under Section 612 of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-612. The court below found sufficient evidence was presented...

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