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IN RE CONDEMNATION BY COM. OF PENNSYLVANIA

805 A.2d 59 (2002)

In re CONDEMNATION BY the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, OF the RIGHT-OF-WAY FOR STATE ROUTE 0079, SECTION 290, A LIMITED ACCESS HIGHWAY IN the TOWNSHIP OF CRANBERRY. Norberry One Condominium Association, et. al., v. Commonwealth of Pennsylvania, Department of Transportation. Appeal of Norberry One Condominium: Association; Martin V. Dorsch; Vincent Cannella, III and Sharon M. Cannella; Joseph S. Scafoglio and Nancy Scafoglio; Linda A. Hogan; Donna Wylie; Guy R. Palermo, II, Pamela Breier, Carl J. Palermo and Alan M. Palermo; Paul A. Eastland; Lee A. Ivory and Suzann Seanof Ivory; Susan L. Slezycki and Edward Slezycki; Olga P. Simmons; Cheryl A. Stanley; Dennis A. Bischoff; Marlene Nooning and John Ungham.

Commonwealth Court of Pennsylvania.

Decided August 14, 2002.

Attorney(s) appearing for the Case

William P. Bresnahan, Pittsburgh, for appellants.

Jeffrey L. Giltenboth, Pittsburgh, for appellee.

Before: LEADBETTER, Judge, LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

This is an appeal of the order of the Court of Common Pleas of Butler County (trial court) sustaining the preliminary objections of the Department of Transportation (DOT) to a Petition for Appointment of Viewers1 filed by the Norberry One Condominium Association (Association), a non-profit corporation, and twelve individual condominium owners (collectively Norberry). Norberry asserts that construction of a highway...

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