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REILLY ET AL. v. DER ET AL.

No. 1611 C.D. 1976.

49 Pa.Commw. 374 (1980)

Timothy J. Reilly and J. Emmett Reilly, Co-partners, trading and doing business as Reilly Contracting Co., Appellants v. Commonwealth of Pennsylvania, Department of Environmental Resources and the General State Authority, Appellees.

Commonwealth Court of Pennsylvania.

February 20, 1980.

Attorney(s) appearing for the Case

Thomas L. Kennedy, of Kennedy, Carlyon & Conahan, for appellants.

H. Warren Ragot, Assistant Attorney General, with him, Anthony P. Krzywicki, Chief Counsel, for appellees.

Submitted on briefs, December 15, 1979, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and CRAIG and MacPHAIL.

OPINION BY JUDGE BLATT, February 20, 1980:

Timothy J. and J. Emmett Reilly (appellants) have appealed from an order of the Court of Common Pleas of Luzerne County denying a request to amend their petition for the appointment of a board of view. The appellants allege a de facto taking by the Department of Environmental Resources (DER) and the General State Authority (appellees).

In a previous appeal involving these parties, Reilly v. Department of Environmental...

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