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IN RE CONDEMNATION BY PENNDOT

827 A.2d 544 (2003)

In re CONDEMNATION BY the COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION OF CERTAIN PROPERTY IN the BOROUGH OF BELLEVUE, Allegheny County Pennsylvania in which an interest may be held by Joseph E. Graff, Appeal of Joseph E. Graff.

Commonwealth Court of Pennsylvania.

Decided June 13, 2003.

Attorney(s) appearing for the Case

Thomas J. Michael, Pittsburgh, for appellant.

Jeffrey L. Giltenboth, Pittsburgh, for appellee.

BEFORE: LEADBETTER, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

Joseph E. Graff (Landowner) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation's (PennDOT) preliminary objections and dismissed Landowner's petition for the appointment of viewers. Landowner asserts PennDOT's expansion of a cartway within the public right-of-way constituted a de facto taking.1 We affirm.

Landowner...

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