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GAMMA SWIM CLUB, INC. v. PENNDOT

No. 246 C.D. 1985.

95 Pa.Commw. 167 (1986)

505 A.2d 342

Gamma Swim Club, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

February 18, 1986.

Attorney(s) appearing for the Case

John T. Mulligan, Lord & Mulligan, for appellant.

Scott M. Olin, Assistant Counsel, with him, Edward D. Werblun, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued December 13, 1985, before Judges CRAIG and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, February 18, 1986:

Gamma Swim Club, Inc. appeals from an order of the Court of Common Pleas of Delaware County sustaining preliminary objections of the Department of Transportation (department) to the swim club's petition for the appointment of viewers alleging a de facto eminent domain taking.1

Also before us is the swim club's motion to remand.

Motion to Remand

The swim club has...

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