IN RE CONDEMN. BY COM., DEPT. OF TRANSP.


709 A.2d 939 (1998)

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. (Two Cases.) ESTATE OF Julia F. ROCHEZ, Deceased, by Edward GOSLIN, Thomas Goslin, and Mary Grace Digiorgi as Co-Executors, and Edward Goslin, Thomas Goslin, and Mary Grace Digiorgi, in their own right. (Two Cases.) Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. (Two Cases.)

Commonwealth Court of Pennsylvania.

Decided February 24, 1998.


Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Pittsburgh, for appellant.

Thomas J. Dempsey, Pittsburgh, for appellees.

Before DOYLE and SMITH, JJ., and NARICK, Senior Judge.


SMITH, Judge.

This is an appeal by the Pennsylvania Department of Transportation (Department) from the January 31, 1997 order of the Court of Common Pleas of Allegheny County granting a petition filed by Edward Goslin, Thomas Goslin and Mary Grace Digiorgi as Co-Executors of the Estate of Julia F. Rochez and in their own right (hereafter Condemnees) for damages under Section 408 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended...

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