BERK v. COM., DEPT. OF TRANSP.


168 Pa.Commw. 560 (1994)

651 A.2d 195

Steven BERK and Gerald Segal, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION. Steven BERK and Gerald Segal, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 28, 1994.


Attorney(s) appearing for the Case

Iris S. Pincus for appellants/appellees Steven Berk and Gerald Segal.

Lee C. Silverman, Asst. Counsel, for appellee/appellants Dept. of Transp.

Before SMITH and FRIEDMAN, JJ., and RODGERS, Senior Judge.


RODGERS, Senior Judge.

This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from orders of the Court of Common Pleas of Philadelphia County which overruled the Department's preliminary objections to a petition for the appointment of viewers and found, after an evidentiary hearing, that the Department had accomplished a de facto taking of property of the owners, Steven Berk and Gerald Segal.

Steven Berk and Gerald...

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