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RISTVEY v. COM., DEPT. OF TRANSP.

No. 1095 C.D. 2011

52 A.3d 425 (2012)

Michael RISTVEY Jr., Nancy K. Ristvey, husband and wife; Nedra J. Lewis, widow; and Chester B. Scholl Jr., Appellants v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Commonwealth Court of Pennsylvania.

Decided July 11, 2012.

Attorney(s) appearing for the Case

William P. Bresnahan and John F. Dwyer , Pittsburgh, for appellants.

Chester J. Karas, Jr. , Senior Assistant Counsel, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, and BROBSON, Judge, and COVEY, Judge.

OPINION BY Judge McGINLEY.

Michael Ristvey, Jr., (Mr. Ristvey) Nancy K. Ristvey, Nedra J. Lewis, and Chester B. Scholl, Jr. (Appellants) appeal from the order of the Court of Common Pleas of Mercer County (trial court) which sustained the Preliminary Objections of the Pennsylvania Department of Transportation (DOT) and dismissed Appellants' Petition for Appointment of Viewers.

Appellants owned 23 acres of vacant, residentially-zoned land on the eastern side...

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