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IN RE PENNSYLVANIA TURNPIKE COM'N

No. 1630 C.D. 2012, No. 1851 C.D. 2012

84 A.3d 768 (2014)

In re: Condemnation by the PENNSYLVANIA TURNPIKE COMMISSION of Property Located in the PTC of Hampton, Allegheny County, Commonwealth of Pennsylvania, for the Total Reconstruction of the Pennsylvania Turnpike between Mileposts 40 and 48 (Parcel ID No. 1213-N-37). Appeal of: George W. Dukovich and Judith A. Dukovich, Husband and Wife. In re: Condemnation by the Pennsylvania Turnpike Commission of Property Located in the PTC of Hampton, Allegheny County, Commonwealth of Pennsylvania, for the Total Reconstruction of the Pennsylvania Turnpike between Mileposts 40 and 48 (Parcel ID No. 1213-N-37). Appeal of: George W. Dukovich and Judith A. Dukovich, Husband and Wife.

Commonwealth Court of Pennsylvania.

Decided January 23, 2014.

Attorney(s) appearing for the Case

David F. Toal , Millvale, for appellants.

Samuel P. Kamin , Pittsburgh, for appellee.

BEFORE: BONNIE BRIGANCE LEADBETTER, Judge, and PATRICIA A. McCULLOUGH, Judge (P.) and JAMES GARDNER COLINS, Senior Judge.

OPINION BY Judge McCULLOUGH.

George W. Dukovich and Judith A. Dukovich, husband and wife, (together, Condemnees) appeal from two orders of the Court of Common Pleas of Allegheny County (trial court). The first order, dated July 25, 2012, overruled Condemnees' preliminary objections to a declaration of taking filed by the Pennsylvania Turnpike Commission (Commission) and referred the matter to a Board of Viewers for a determination of damages. The second order, dated...

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