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SEPKO APPEAL

No. 1797 C.D. 1983.

84 Pa.Commw. 359 (1984)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1012, Section A03, A Limited Access Highway in Sterling Township, Wayne County. Charles J. Sepko, Appellant.

Commonwealth Court of Pennsylvania.

August 3, 1984.

Attorney(s) appearing for the Case

Peter J. Comerota, with him, Harry Smith, for appellant.

John T. Clary, Jr., Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued June 7, 1984, before Judges MacPHAIL, COLINS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 3, 1984:

Charles J. Sepko (Appellant) appeals a Wayne County Court of Common Pleas order sustaining the preliminary objections of the Pennsylvania Department of Transportation (DOT) to a petition for the appointment of viewers in a condemnation hearing. We affirm.

Appellant owned certain property which was condemned under the Pennsylvania Eminent Domain Code

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