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IN RE CONDEMNATION BY COM., DEPT OF TRANSP.

No. 1308 C.D. 2014

131 A.3d 625 (2016)

In re CONDEMNATION BY the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, OF RIGHT-OF-WAY FOR STATE ROUTE 0095, SECTION BSR, in the City of Philadelphia. Appeal of: Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

Filed January 29, 2016.

Attorney(s) appearing for the Case

Lee C. Silverman , Assistant Chief Counsel, King of Prussia, for appellant.

Daniel S. Coval, Jr. , Bala Cynwyd, for appellee.

BEFORE: DAN PELLEGRINI, President Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge, and ANNE E. COVEY, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeals from an order of the Court of Common Pleas of Philadelphia County (trial court), sustaining the preliminary objections of Row-Row, LLC (Row-Row), to a declaration of taking filed by PennDOT. The trial court concluded that PennDOT's declaration...

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