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IN RE COM., DEPT. OF TRANSP.

No. 1358 C.D. 2015

137 A.3d 666 (2016)

In re: Condemnation by the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, of Right-of-Way for State Route 1032, Section B02, in the Borough of Rochester: Cronimet Corporation, v. Commonwealth of Pennsylvania, Department of Transportation. Appeal of: Cronimet Corporation.

Commonwealth Court of Pennsylvania.

Decided May 5, 2016.

Attorney(s) appearing for the Case

William P. Bresnahan and Adam R. Zinsser , Pittsburgh, for appellant.

Ryan J. Kammerer , Assistant Counsel, Pittsburgh, for appellee.

BEFORE: MARY HANNAH LEAVITT, President Judge, and ROBERT SIMPSON, Judge, and DAN PELLEGRINI, Senior Judge.

Cronimet Corporation (Landowner) petitioned to reopen an eminent domain case in which the Pennsylvania Department of Transportation (DOT) obtained a temporary construction easement over its property pursuant to the Eminent Domain Code (Code), 26 Pa.C.S. §§ 101-1106. Previously, Landowner and DOT settled the case...

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