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DEPT. OF TRANSP. v. AGR. LANDS CONDEMNATION APPROVAL BD.

No. 2239 C.D. 2009

5 A.3d 821 (2010)

DEPARTMENT OF TRANSPORTATION, Petitioner v. AGRICULTURAL LANDS CONDEMNATION APPROVAL BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Christopher J. Clements , Asst. Counsel in-Charge and Andrew S. Gordon , Chief Counsel, Harrisburg, for petitioner.

Leon H. Kline and Lois G. Kline , intervenors, pro se.

BEFORE: COHN JUBELIRER, Judge, and McCULLOUGH, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

The Department of Transportation (DOT) petitions for review of a final order of the Agricultural Lands Condemnation Approval Board (Board), which denied DOT's request to convert productive agricultural lands to transportation use by condemnation. We reverse.

By letter dated August 18, 2009, DOT requested a hearing before the Board for consideration of DOT's request to convert by exercise...

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