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COM., DEPT. OF TRANSP. v. UTP CORP.

847 A.2d 801 (2004)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Plaintiff, v. UTP CORPORATION, Hauto Valley Estates, Inc., and Blue Ridge Real Estate Company, Inc., Defendants.

Commonwealth Court of Pennsylvania.

Decided April 27, 2004.

Attorney(s) appearing for the Case

Jeffrey W. Davis, Harrisburg, for plaintiff.

Janet Marsh Catina, Stroudsburg, defendant, Blue Ridge Real Estate Co.

Timothy J. McMahon, Harrisburg, for defendant, UTP Corporation.

Paul R. Walker, Harrisburg, for defendant, Hauto Valley Estates, Inc.

BEFORE: FRIEDMAN, Judge, and COHN, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Senior Judge MIRARCHI.

The Commonwealth of Pennsylvania, Department of Transportation (Department) has filed a motion for partial summary judgment on the issue of the liability of UTP Corporation (UTP), Hauto Valley Estates, Inc. (Hauto Valley) and Blue Ridge Real Estate Company, Inc. (Blue Ridge) (collectively, Defendants) for the subsidence of State Route 54 (Route 54).

On December 5, 1996, the Department...

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