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DOMINO ET AL. v. DEPT. OF TRANSPORTATION.

No. 1169 C.D. 1980.

70 Pa.Commw. 563 (1982)

Joseph Domino and Samuel DiSalvo, Administrator of the Estate of Michael S. DiSalvo, Deceased v. Commonwealth of Pennsylvania, Department of Transportation and Urban Redevelopment Authority. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

December 28, 1982.

Attorney(s) appearing for the Case

David Ward Murphy, Assistant Counsel, with him Jeffrey L. Giltenboth, Assistant Counsel, Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Louise Porac, with her Harry R. Ruprecht, King, Bowman, Hanna & Ruprecht, for appellees.

Marion E. Popiel, for Amicus Curiae, Urban Redevelopment Authority of Pittsburgh.

Argued October 4, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 28, 1982:

The Commonwealth Department of Transportation (DOT) has appealed an order of the Court of Common Pleas of Allegheny County overruling its preliminary objections to the petition for the appointment of viewers of Joseph Domino and Samuel DeSalvo, Administrator of the Estate of Michael S. DiSalvo (landowners). The landowners alleged that three properties owned by them...

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