IN RE CONDEMNATION NO. 2


943 A.2d 997 (2007)

In re: CONDEMNATION NO. 2 BY the COMMONWEALTH of Pennsylvania acting by and through the DEPARTMENT OF GENERAL SERVICES, of certain land and improvements within an area bounded generally by 13th Street, Broad Street, Arch Street and Race Street for the purpose of expansion of the Pennsylvania Convention Center, Appeal of Ate Kays Company.

Commonwealth Court of Pennsylvania.

Decided December 4, 2007.

Reargument Denied February 1, 2008.


Attorney(s) appearing for the Case

Marc E. Needles, David B. Snyder, and Christine Welsh, Philadelphia and John M. Elliott, Blue Bell, for appellant.

Nicholas J. Scafidi, Philadelphia, for appellee.

BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.


OPINION BY Judge FRIEDMAN.

In this consolidated appeal, Ate Kays Company (Condemnee) appeals from the July 2, 2007, and September 17, 2007, orders of the Court of Common Pleas of Philadelphia County (trial court). In the July 2, 2007, order, the trial court overruled Condemnee's Preliminary Objections to the Declaration of Taking filed by the Commonwealth of Pennsylvania, acting by and through the Department of General Services...

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