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IN RE CONDMN. BY COM., DEPT. OF TRANS.

No. 396 C.D. 1988.

124 Pa.Commw. 314 (1989)

556 A.2d 473

In Re: Condemnation by The Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1010, Section B1, and Legislative Route 23031, Section 2, Limited Access Highways, in The Township of Marple. Donald Gaster and Mary Ann Gaster, Appellants.

Commonwealth Court of Pennsylvania.

March 21, 1989.

Attorney(s) appearing for the Case

John W. Nilon, Jr., with him, Lee A. Stivale, Nilon, Paul & Mardinly, for appellants.

William J. Cressler, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellee.

Argued December 12, 1988, before Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, March 21, 1989:

Before us for consideration is the appeal of Donald and Mary Ann Gaster (the Gasters) from an order of the Court of Common Pleas of Delaware County which dismissed the Gasters' preliminary objections to a declaration of taking filed by the Commonwealth of Pennsylvania, Department of Transportation (Department). We affirm.

The genesis of this case was the Department's October 13, 1987 filing of a notice of condemnation...

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