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PennDOT v. DiFURIO

Nos. 2443 C.D. 1987 and 131 C.D. 1988.

124 Pa.Commw. 273 (1989)

555 A.2d 1379

Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Michael C. DiFurio, Appellee. Michael C. DiFurio and Exxon Company, U.S.A. v. Commonwealth of Pennsylvania, Department of Transportation. Exxon Company, U.S.A., Appellant.

Commonwealth Court of Pennsylvania.

March 17, 1989.

Attorney(s) appearing for the Case

William J. Cressler, Assistant Counsel, with him, Spencer A. Manthorpe, Assistant Chief Counsel, and John L. Heaton, Chief Counsel, for appellant, Department of Transportation.

Richard C. Biedrzycki, Of Counsel: Phillips and Phelan, for appellant, Exxon Company, U.S.A.

George D. Harwood, with him, Murray S. Eckell, Of Counsel: Eckell, Sparks, Levy, Auerbach, Monte & Moses, for appellee, Michael C. DiFurio.

Argued December 16, 1988, before Judges DOYLE and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, March 17, 1989:

The Department of Transportation (DOT) and Exxon Company, U.S.A. (Exxon) appeal the order of the Court of Common Pleas of Delaware County dismissing their preliminary objections to a petition for the appointment of a board of viewers filed by Michael DiFurio (Appellee) alleging a de facto taking of his leasehold interest pursuant to Section 502(e) of the Eminent Domain Code

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