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PennDOT v. PASTUSZEK.

No. 1061 C.D. 1979.

55 Pa.Commw. 138 (1980)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. William J. Pastuszek, Appellee.

Commonwealth Court of Pennsylvania.

December 8, 1980.

Attorney(s) appearing for the Case

John T. Clary, Jr., Special Assistant Attorney General, with him William P. Culp, Special Assistant Attorney General, Ward T. Williams, Chief Counsel and Harvey Bartle, III, Acting Attorney General, for appellant.

Peter J. Nolan, for appellee.

Argued October 6, 1980, before President Judge CRUMLISH and Judges BLATT and CRAIG, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, December 8, 1980:

A Delaware County Common Pleas Court dismissed the Pennsylvania Department of Transportation's (PennDOT) preliminary objections and found a de facto taking of the property of William J. Pastuszek.

In July of 1976, Pastuszek filed a Petition for the Appointment of a Jury of View pursuant to Section 502(e) of the Eminent Domain Code (Code).1 PennDOT filed preliminary objections...

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