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WYLAND v. COM., DEPT. OF TRANSP.

799 A.2d 954 (2002)

Jackie N. WYLAND and Beverly A. Wyland, husband and wife, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Commonwealth Court of Pennsylvania.

Filed June 4, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Giltenboth, Pittsburgh, for appellant.

Joseph A. Klein, Harrisburg, for appellees.

Before FRIEDMAN, J., COHN, J., and FLAHERTY, Senior Judge.

OPINION BY Judge FRIEDMAN.

The Commonwealth of Pennsylvania (Commonwealth), Department of Transportation (DOT) appeals from the October 5, 2001, order of the Court of Common Pleas of Blair County (trial court) dismissing DOT's preliminary objections to a Petition for Appointment of a Board of View (Petition) filed by Jackie N. Wyland and Beverly A. Wyland (collectively, Wylands), husband and wife. We reverse.

The Wylands were owners in fee simple of property...

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