FLOREK ET UX. v. PENNDOT.

No. 909 C.D. 1984.

89 Pa.Commw. 483 (1985)

Joseph M. Florek and Mary Florek, his wife, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

May 24, 1985.


Attorney(s) appearing for the Case

David R. Lipka, for appellants.

John V. Rovinsky, Assistant Counsel, with him, Spencer Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Submitted on briefs April 11, 1985, to Judges MacPHAIL and BARRY and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, May 24, 1985:

Joseph M. Florek and Mary Florek (Appellants) appeal from a decision and order by the Court of Common Pleas of Luzerne County which dismissed Appellants' petition for viewers and sustained the preliminary objections by the Pennsylvania Department of Transportation (DOT).

The facts as found by the trial court are that Appellants own a parcel of land in Wilkes...

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