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LANG v. COM., DEPT. OF TRANSP.

13 A.3d 1043 (2011)

Andrew A. LANG, Jr., Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided February 18, 2011.

Attorney(s) appearing for the Case

Maurice A. Nernberg , Pittsburgh, for appellant.

Andrew S. Gordon , Chief Counsel, William J. Cressler , Asst. Chief Counsel and Chester J. Karas, Jr. , Sr. Asst. Counsel, Pittsburgh, for appellee.

BEFORE: LEADBETTER, President Judge, SIMPSON, Judge, and BROBSON, Judge.

OPINION BY Judge SIMPSON.

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation's (DOT) preliminary objections to Lang's petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT's filing of a declaration of taking. Lang contends DOT waived its objection to his...

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