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IN RE RIGHT OF WAY FOR RT. 0202, SEC. 701

871 A.2d 896 (2005)

In re Condemnation by the DEPARTMENT OF TRANSPORTATION, OF THE RIGHT OF WAY FOR STATE ROUTE 0202, SECTION 701, a limited access highway in the Townships of Montgomery and Upper Gwynedd. Rajkumar Guttha, v. Commonwealth of Pennsylvania, Department of Transportation. Appeal of Rajkumar Guttha.

Commonwealth Court of Pennsylvania.

Decided April 11, 2005.

Attorney(s) appearing for the Case

Cornelius J. Van Galen, North Wales, for appellant.

Crispino M. Pastore, Asst. Counsel, Pittsburgh, for appellee.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEAVITT.

Rajkumar Guttha (Guttha) appeals an order of the Court of Common Pleas of Montgomery County (trial court), which was entered in an eminent domain case. Guttha, as proprietor of a business with a leasehold interest in condemned property, filed a petition for the appointment of a board of viewers. The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), filed preliminary objections to Guttha's petition, and the trial court...

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