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PENNDOT v. GREISLER BROTHERS.

No. 1658 C.D. 1981.

68 Pa.Commw. 493 (1982)

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Greisler Brothers, Appellee.

Commonwealth Court of Pennsylvania.

August 30, 1982.

Attorney(s) appearing for the Case

George Bristol, Assistant Counsel, with him Martin B. Burman and Scott M. Olin, Assistant Counsels, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Christina J. Barbieri, with her Lewis Kates, Kates, Livesey & Mazzocone, P.C., for appellee.

Argued June 10, 1982, before President Judge CRUMLISH and Judges ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 30, 1982:

This appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Philadelphia County which held that a "de facto" taking of the property of Greisler Brothers, Inc. (Appellee) occurred when DOT constructed an access ramp to Interstate Highway 95 (I-95) in the bed of Summer Street in the City of Philadelphia, raises complex issues...

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