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CO. OF ALLEGHENY v. DOMINIJANNI ET AL.

Nos. 2299 C.D. 1986, 2300 C.D. 1986 and 2313 C.D. 1986.

109 Pa.Commw. 484 (1987)

531 A.2d 562

County of Allegheny, a Political Subdivision of the Commonwealth of Pennsylvania v. Livio Dominijanni and Commonwealth of Pennsylvania, Department of Transportation, et al. Livio Dominijanni, Appellant. Bell Telephone Company of Pennsylvania v. Livio Dominijanni and Commonwealth of Pennsylvania, Department of Transportation, et al. Livio Dominijanni, Appellant. Duquesne Light Company v. Livio Dominijanni and Commonwealth of Pennsylvania, Department of Transportation, et al. Livio Dominijanni, Appellant.

Commonwealth Court of Pennsylvania.

Argued May 18, 1987.

Attorney(s) appearing for the Case

J. Bradley Kearns, with him, Caren L. Mariani and Clyde T. MacVay, Evans, Ivory, Moses, Hollander & MacVay, P.C., for appellant, Livio Dominijanni.

Paul A. Rich, for appellee, The Bell Telephone Company of Pennsylvania.

Michael N. Vaporis, Cauley, Conflenti & Latella, for appellee, Duquesne Light Company.

Michael J. Kearney, Jr., Weis & Weis, for appellee, North Versailles Township Sanitary Authority.

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

OPINION BY JUDGE PALLADINO, September 22, 1987:

Livio Dominijanni (Appellant) appeals an order of the Allegheny County Court of Common Pleas sustaining the preliminary objection in the nature of a demurrer of the North Versailles Township Sanitary Authority (Authority) and dismissing the Authority as a party in these consolidated cases. We reverse.

On December 22, 1984, a landslide, originating on Appellant's property, deposited a large amount of dirt and...

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