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DOKNOVITCH ET UX. v. PennDOT

No. 2260 C.D. 1980.

65 Pa.Commw. 440 (1982)

In Re: Condemnation by the Com. of Pa., Department of Transportation etc. Stanley and Carol Doknovitch v. Commonwealth of Pennsylvania, Department of Transportation. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

March 25, 1982.

Attorney(s) appearing for the Case

William J. Cressler, Assistant Attorney General, with him Peter J. Comerota, Assistant Attorney General, Ward T. Williams, Chief Counsel, and Harvey Bartle, III, Attorney General, for appellant.

E. Charles Coslett, with him Charles R. Coslett, Coslett & Coslett, for appellees.

Argued November 16, 1981, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, March 25, 1982:

This case is before us on appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Court of Common Pleas of Luzerne County granting a new trial to the appellees, Stanley and Carol Doknovitch.

The appellees, who own a single-family residence in Kingston Township, Luzerne County, brought an action against DOT in which they alleged that...

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