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SUPPLEE v. PennDOT.

No. 1269 C.D. 1985.

105 Pa.Commw. 488 (1987)

524 A.2d 1002

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation of Right of Way for Legislative Route 132, Section 14, Claim No. 230941. Earl C. & Theodore Supplee, Appellants v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

Argued December 12, 1986.

Attorney(s) appearing for the Case

Donald T. Petrosa, Petrikin, Wellman, Damico, Carney & Brown, for appellants.

Kenneth E. Kendell, Assistant Counsel, with him, J. Matthew Wolfe, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for appellee.

Before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, March 6, 1987:

This is an appeal from an order by the Delaware County Court of Common Pleas (trial court) dismissing appellants' Petition for a Board of View for lack of prosecution. We affirm the trial court for the reasons given herein.

On September 11, 1969, the Commonwealth filed a declaration of taking with regard to a three hundred (300) foot by eight (8) foot swath of appellants' land bordering Edgemont Avenue in Delaware County...

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