IN RE COM. DEPT. OF GENERAL SERVICES


714 A.2d 1159 (1998)

In re COMMONWEALTH of Pennsylvania, acting by and through the DEPARTMENT OF GENERAL SERVICES, of the property of Charles D. Curry, Louis J. Curry, a/k/a/ L.J. Curry and Betty Curry, Partners, d/b/a Curry Lumber Company, a Pennsylvania corporation, Patrick Petroleum Corporation, Gallatin Fuels, Inc., Keystone Resources, Inc., and any other persons having or claiming an interest in the premises. Charles D. CURRY, Louis J. Curry, a/k/a L.J. Curry and Betty Curry, Partners, d/b/a Curry Lumber Company, a Pennsylvania corporation v. COMMONWEALTH of Pennsylvania, acting by and through the DEPARTMENT OF GENERAL SERVICES, Appellant.

Commonwealth Court of Pennsylvania.

Decided July 16, 1998.


Attorney(s) appearing for the Case

Elizabeth A. O'Reilly, Harrisburg, for appellant.

Mark D. Brooks, Connellsville, for appellee.

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


RODGERS, Senior Judge.

The Department of General Services (DGS) appeals from an order of the Court of Common Pleas of Fayette County (trial court) dismissing DGS' preliminary objections to a Petition for Appointment of Viewers filed by Charles D. Curry, Louis J. Curry, a/k/a L.J. Curry, and Betty Curry, Partners, d/b/a Curry Lumber Company (Curry). For the reasons that follow, we reverse and remand.

In 1988, the Pennsylvania General Assembly authorized the...

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