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VISCO ET AL. v. PennDOT.

No. 3417 C.D. 1983.

92 Pa.Commw. 102 (1985)

Eugene L. Visco and Michael Visco, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 23, 1985.

Attorney(s) appearing for the Case

C. Stephens Vondercrone, Jr., Pearlstine, Salkin, Hardiman & Robinson, for appellants.

Thomas J. Hines, with him, William J. Cressler, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued April 9, 1985, before Judges CRAIG and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, May 23, 1985:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County sustaining the preliminary objections of the Pennsylvania Department of Transportation (DOT) and dismissing the petition of Eugene L. and Michael Visco (appellants) for the appointment of a board of view.1

What we are concerned with in this case is a situation where a governmental agency such as DOT...

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