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IN RE CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OF RIGHT OF WAY FOR LEGISLATIVE ROUTE 1876

161 Pa.Commw. 247 (1994)

636 A.2d 1241

In re Condemnation by the Commonwealth of Pennsylvania Department of Transportation of Right of Way for Legislative Route 1876, section 003, a Limited Access Highway in Boro of White Oak. In re Ann Jordan MARIVITZ and Herman Marivitz, H/H Cuddy DeMarco, Jr., Donald Jordan & Petronilla H. Jordan H/W. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 6, 1994.

Attorney(s) appearing for the Case

William J. Cressler, Asst. Chief Counsel, for appellant.

Thomas J. Dempsey, for appellees.

Before CRAIG, President Judge, McGINLEY, J., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Allegheny County sustaining Donald Jordan's and Petronilla Jordan's (Jordans) preliminary objections to a declaration of taking filed by the Department to acquire the fee title underlying the easement for highway purposes previously acquired by the Department in the subject property in White Oak, Allegheny County....

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