SIENKIEWICZ v. COM. DEPT. OF TRANSP.


883 A.2d 494 (2005)

Richard SIENKIEWICZ, Jr., t/d/b/a Montage Mini-Mart, Inc., Appellee v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Pennsylvania.

Decided September 28, 2005.


Attorney(s) appearing for the Case

Andrew S. Gordon, William Jones Cressler, Harrisburg, John V. Rovinsky, Scranton, for Dept. of Transp., appellant.

Edwin Aksel Abrahamsen, Scranton, for Montage Mini-Mart, Inc., appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Justice SAYLOR.

This matter involves an asserted de facto condemnation arising from the reconfiguration of a highway interchange and associated roadways.

Appellee, Richard Sienkiewicz, Jr., trading and doing business as Montage Mini-Mart, Inc. ("Landowner"), is the owner of a commercial property located at 2801 Stafford Avenue in the Borough of Moosic, Lackawanna County, which he operated as a service station (with gasoline...

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