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ILES v. PennDOT

No. 2647 C.D. 1987.

124 Pa.Commw. 158 (1989)

555 A.2d 312

Condemnation of Property Located at 20 West Mahoning Street in The Borough of Danville, Owned By Ruth Iles, by The Commonwealth of Pennsylvania and The Borough of Danville, Condemnors. Ruth Iles, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

March 13, 1989.

Attorney(s) appearing for the Case

Robert A. Schwartz, with him, John A. Mihalik, Hummel, James & Mihalik, for appellant.

Daniel L. Sullivan, Shearer, Mette, Evans & Woodside, for appellee, Borough of Danville.

William J. Cressler, Assistant Counsel, for appellee, Department of Transportation.

Argued September 15, 1988, before Judges PALLADINO and SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE SMITH, March 13, 1989:

Appellant Ruth Iles (Iles) appeals from the order of the Court of Common Pleas of Montour County which sustained preliminary objections raised by Appellees Borough of Danville (Borough) and the Pennsylvania Department of Transportation (DOT) to Iles' petition for appointment of viewers pursuant to Section 502(e) of the Eminent Domain Code.1

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