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APPEAL OF PHILADELPHIA ELEC. CO.

135 Pa.Commw. 100 (1990)

580 A.2d 424

In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way, for Legislative Route 1010, Section D2, R/W, a Limited Access Highway, in Plymouth Township, Montgomery County, Pennsylvania, Over and Across Lands of Philadelphia Electric Co. Appeal of PHILADELPHIA ELECTRIC CO. ("PECO") (Two Cases). In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way, for Legislative Route 1010, Section D2, R/W, a Limited Access Highway, in Plymouth Township, Montgomery County, Pennsylvania, Over and Across Lands of Philadelphia Electric Co. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Cross-Appellant.

Commonwealth Court of Pennsylvania.

Decided August 29, 1990.

Reargument Denied October 19, 1990.

Attorney(s) appearing for the Case

A. Richard Gerber, with him, John F. Hellegers and Craig J. Fleischmann, Gerber & Gerber, Norristown, for appellant/appellee, Philadelphia Elec. Co.

Carl Vaccaro, Asst. Counsel, with him, John L. Heaton, Chief Counsel, for appellee/appellant, Dept. of Transp.

Before PALLADINO and McGINLEY, JJ., and BARRY, Senior Judge.

McGINLEY, Judge.

The Department of Transportation (DOT) and the Philadelphia Electric Company (PECO) appeal from an order of the Court of Common Pleas of Montgomery County (common pleas court) confirming and modifying the report of the Board of View awarding PECO $2,216,800.00 in general damages and $507,570.00 in moving expenses as a result of a taking by DOT for the purpose of highway construction. We reverse.

On August 21, 1972, DOT filed a declaration...

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