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PGH. NORTH, INC. v. PENNDOT.

No. 3498 C.D. 1983.

89 Pa.Commw. 573 (1985)

Pittsburgh North, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 5, 1985.

Attorney(s) appearing for the Case

Leonard M. Mendelson, Hollinshead and Mendelson, for appellant.

Jeffrey L. Giltenboth, Assistant Counsel, with him, Edward D. Werblun, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued November 14, 1984, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR., CRAIG, MacPHAIL, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE COLINS, March 5, 1985:

Appellant, Pittsburgh North, Inc. (condemnee), was the owner in fee of a piece of property located in the 26th Ward of the City of Pittsburgh. A Declaration of Taking was filed by appellee, Commonwealth of Pennsylvania, Department of Transportation (condemnor), on March 23, 1977. The Commonwealth, on May 25, 1977, paid $13,920.00 into the Court of Common Pleas of Allegheny County as its estimate of

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