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FALESKI v. COM., DEPT. OF TRANSP.

159 Pa.Commw. 548 (1993)

633 A.2d 1308

Peter FALESKI and Frances Faleski v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 9, 1993.

Attorney(s) appearing for the Case

Carl Vaccaro, Asst. Counsel-in-Charge, for appellant.

Richard D. Director, for appellees.

Before CRAIG, President Judge, COLINS, J., and SILVESTRI, Senior Judge.

COLINS, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from the April 3, 1992 order of the Court of Common Pleas of Lehigh County (Common Pleas) dismissing its preliminary objections to Peter and Frances Faleskis' (the Faleskis) petition for appointment of a board of viewers (petition) to assess damages resulting from the Department's alleged de facto taking.1

The Faleskis are the record...

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