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IN RE CONDEMNATION COM. BY THE COM. OF PENN., DEPT. OF TRANSPORTATION

No. 1475 C.D. 2012

76 A.3d 101 (2013)

In re: CONDEMNATION by the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, of Right-of-Way for State Route 0079, Section A23 R/W, a Limited Access Highway in the Townships of Collier and Robinson The Church of Grace and Glory v. Commonwealth of Pennsylvania, Department of Transportation. Appeal of: The Church of Grace and Glory.

Commonwealth Court of Pennsylvania.

Decided August 16, 2013.

Attorney(s) appearing for the Case

William P. Bresnahan, Pittsburgh, for appellant.

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

BEFORE: COHN JUBELIRER, Judge, BROBSON, Judge, and COLINS, Senior Judge.

OPINION BY Judge BROBSON.

Appellant The Church of Grace and Glory (Church) appeals from the July 25, 2012 order of the Court of Common Pleas of Allegheny County (trial court), which sustained Appellee/condemnor Department of Transportation's (DOT) preliminary objections to the Church's petition for appointment of a board of viewers. For the reasons set forth below, we affirm the trial court's order.

On May 1, 2006, DOT filed with the trial court a declaration...

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