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IN RE CONDEMNATION BY COM. OF PA., DEPT. OF TRANSP.

549 Pa. 439 (1997)

701 A.2d 535

In re CONDEMNATION BY THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR LEGISLATIVE ROUTE 1021, SECTION 1B, a Limited Access Highway, in the City of Pittsburgh. The BOC GROUP, INC. (formerly Airco, Inc.), Appellee, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Pennsylvania.

Decided September 26, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Pittsburgh, for Dept. of Transp.

Andrea Geraghty and Leonard M. Mendelson, Pittsburgh, for the BOC Group.

Before FHAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

NIGRO, Justice.

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT) challenges a Commonwealth Court Order affirming an award of delay damages to The BOC Group under the Eminent Domain Code, 26 Pa. Stat. §§ 1-101 — 1-903 (Supp.1997). As explained below, we hold that condemnees may recover damages for delays in payment of special damages under the Eminent Domain Code...

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