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SPIGELMYER v. COM., DEPT. OF TRANSP.

Nos. 1443 C.D. 2011, 1497 C.D. 2011

41 A.3d 941 (2012)

Sheldon W. SPIGELMYER, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellant. In Re: Condemnation By Commonwealth of Pennsylvania, Department of Transportation, of Right-Of-Way for State Route 4019, Section 255, in the City of Dubois, in the Township of Sandy, Clearfield County, Pennsylvania. Sheldon W. Spigelmyer, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Decided March 30, 2012.

Attorney(s) appearing for the Case

Benjamin S. Blakley, III , DuBois, for appellant Spigelmyer.

Erin J. Osevala , Assistant Counsel, Harrisburg, for appellant Pennsylvania Department of Transportation.

Peter F. Smith , Clearfield, for appellee.

BEFORE: PELLEGRINI, President Judge, and McGINLEY, Judge, and COLINS, Senior Judge.

OPINION BY President Judge PELLEGRINI.

Sheldon W. Spigelmyer (Spigelmyer) and Commonwealth of Pennsylvania, Department of Transportation (DOT) (together, Appellants) appeal from an order of the Court of Common Pleas of Clearfield County (trial court) granting the Board of Viewers' (Board) petition for compensation and directing the parties to each pay one-half of the Board's compensation. Finding that the Judicial Code requires Clearfield County (County) to pay the...

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