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McCULLOUGH v. COM., DEPT. OF TRANSP.

134 Pa.Commw. 95 (1990)

578 A.2d 568

James McCULLOUGH, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Lewis Kates, Kates & Mazzocone, Philadelphia, for petitioner.

William J. Cressler, Asst. Chief Counsel, with him, John L. Heaton, Chief Counsel, for respondent.

Before DOYLE and SMITH, JJ., and BARRY, Senior Judge.

DOYLE, Judge.

James McCullough appeals an order of the Board of Property (Board) which granted the motion of the Department of Transportation (Department) to dismiss McCullough's action to quiet title.

This case arose from the Department's condemnation and acquisition on October 23, 1970 of a highway easement over property owned by McCullough's predecessor in title located at 223-25 North 16th Street, Philadelphia, for the purpose

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