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PENNDOT v. GARDONE ET UX.

No. 1168 C.D. 1980.

67 Pa.Commw. 273 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Frank D. Gardone and Audrey Gardone, his wife, Appellees.

Commonwealth Court of Pennsylvania.

July 1, 1982.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Special Assistant Attorney General, with him Ward T. Williams, Chief Counsel, Harvey Bartle, III, Acting Attorney General, for appellant.

Joseph M. Ludwig, Ludwig & Achman, for appellee.

Argued May 7, 1982, before Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, July 1, 1982:

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeals the common pleas court's dismissal of its preliminary objections to a petition filed by Frank and Audrey Gardone (landowners) for the appointment of viewers under Section 612 of the Eminent Domain Code (Code),1 to assess damages for drainage injury resulting from...

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