Reargument En Banc Denied March 19, 2004.
OPINION BY Senior Judge McCLOSKEY.
Richard Sienkiewicz, Jr., t/d/b/a Montage Mini-Mart, Inc. (Landowner), and the Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeal from an order of the Court of Common Pleas of Lackawanna County (trial court), dated May 2, 2003, as clarified by the trial court's order dated June 9, 2003, which denied PennDOT's preliminary objections to Landowner's amended...
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