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GAUGHEN v. PennDOT

Nos. 291 C.D. 1988 and 293 C.D. 1988.

123 Pa.Commw. 550 (1989)

554 A.2d 1008

Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Appellee. Commonwealth of Pennsylvania, Department of Transportation, Appellant v. Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services, Appellee.

Commonwealth Court of Pennsylvania.

February 23, 1989.

Attorney(s) appearing for the Case

Joseph A. Klein, Law Offices of Joseph A. Klein, P.C., for appellant/appellee, Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services.

William J. Cressler, Assistant Counsel, with him, John L. Heaton, Chief Counsel, for appellee/appellant, Commonwealth of Pennsylvania, Department of Transportation.

Argued November 1, 1988, before Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, February 23, 1989:

Thomas W. Gaughen, t/d/b/a TWG Real Estate Management Services (Gaughen) appeals an order of the Cumberland County Court of Common Pleas sustaining his preliminary objections to a declaration of taking filed by the Pennsylvania Department of Transportation (DOT) and dismissing in part and sustaining in part, DOT's preliminary objection to Gaughen's Petition...

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