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PennDOT v. O'NEILL STEEL CO., INC.

No. 286 C.D. 1984.

90 Pa.Commw. 39 (1985)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1010, Section D2, R/W, a Limited Access Highway, in Plymouth Township. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. O'Neill Steel Co., Inc., Appellee.

Commonwealth Court of Pennsylvania.

June 6, 1985.

Attorney(s) appearing for the Case

J. Matthew Wolfe, Assistant Counsel, with him, Edward D. Werblun, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Andrew B. Cantor, Wisler, Pearlstine, Talone, Craig & Garrity, for appellee.

Argued April 12, 1985, before Judges DOYLE and BARRY and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, June 6, 1985:

This appeal results from an order of the Court of Common Pleas of Montgomery County, Pennsylvania, which denied post-verdict motions filed by the Department of Transportation (DOT) and directed the entry of judgment on a jury verdict of $126,500.00 in favor of O'Neill Steel Company, Inc. (the condemnee).

On February 5, 1978, DOT filed a declaration of taking of a portion of property owned by the condemnee. The property...

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