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HARRINGTON v. COM.

792 A.2d 669 (2002)

Elizabeth HARRINGTON, v. COMMONWEALTH of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

Decided February 21, 2002.

Attorney(s) appearing for the Case

William Christopher Duerr, King of Prussia, for appellant.

Kenneth R. Werner, West Chester, for appellee.

Before: KELLEY, Senior Judge, FLAHERTY, Senior Judge, JIULIANTE, Senior Judge.

JIULIANTE, Senior Judge.

The Department of Transportation (DOT) appeals from the March 24, 2000 order of the Court of Common Pleas of Chester County (trial court) that overruled DOT's preliminary objections to Elizabeth Harrington's (Harrington's) petition for appointment of a board of viewers for a de facto taking under Section 502(e) of the Eminent Domain Code (Code).2 In this case, we...

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