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HUGHES v. COM., DEPT. OF TRANSP.

514 Pa. 300 (1987)

523 A.2d 747

Robert M. HUGHES and Doris M. Hughes, husband and wife, Appellees, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION, Appellant. Roy H. KINSINGER and Susie Kinsinger, husband and wife, Appellees, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION, Appellant. Marshall T. HETZ and Marvin L. Hetz, Appellees, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Pennsylvania.

Decided April 6, 1987.

Reargument Denied July 10, 1987.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Asst. Counsel, Com. of Pa., Dept. of Transp., Office of Chief Counsel, Pittsburgh, for appellant.

Nathaniel A. Barbera, Vincent J. Barbera, Somerset, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

The three matters listed herein were consolidated at trial due to a similar factual basis and an identical issue, being: whether section 611 of the Eminent Domain Code1 is unconstitutional. Since the trial court determined that the section was in contravention of constitutional mandate, we assumed jurisdiction pursuant to 42 Pa.C.S. § 722(7).

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