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IN RE CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION

142 Pa.Commw. 114 (1991)

596 A.2d 1253

In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1040, Section 2, a Limited Access Highway, in the City of Pittsburgh. COMMONWEALTH of Pennsylvania, Department of Transportation, Appellant, v. PIKUR ENTERPRISES, INC., Appellee. In re Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1040, Section 2, a Limited Access Highway, in the City of Pittsburgh. PIKUR ENTERPRISES, INC., Appellant, v. COMMONWEALTH of Pennsylvania, Department of Transportation, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 21, 1991.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Sr. Asst. Counsel, for appellant/appellee, Com.

Leonard M. Mendelson, for appellee/appellant, Pikur Enterprises, Inc.

Before PELLEGRINI and KELLEY, JJ., and SILVESTRI, Senior Judge.

SILVESTRI, Senior Judge.

This consolidated appeal arises out of the Commonwealth of Pennsylvania, Department of Transportation's (DOT) condemnation of real property at East Ohio Street in Pittsburgh, Pennsylvania.

On January 3, 1985, DOT filed a declaration of taking in fee simple of, inter alia, the real property of Pikur Enterprises, Inc. (Pikur) at 912-914 East Ohio Street.

On March 8, 1985, Pikur filed a petition for the appointment of a...

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