In Re: Condemnation by the Comwlth of PA, et al v. DOT (Majority Opinion)

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 428 C.D. 2008

Case Date: 12/04/2008

Plaintiff: In Re: Condemnation by the Comwlth of PA, et al

Defendant: DOT (Majority Opinion)

Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for State Route 0083, Section 025, A Limited Access Highway in the Township of York All Seasons York South, L.P. v. Commonwealth of Pennsylvania, Department of Transportation, Appellant BEFORE: : : : : : : : : : : : : : :

No. 428 C.D. 2008 Argued: September 8, 2008

HONORABLE BERNARD L. McGINLEY, Judge HONORABLE JOHNNY J. BUTLER, Judge HONORABLE JIM FLAHERTY, Senior Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE McGINLEY FILED: December 4, 2008

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of York County (trial court), which dismissed its preliminary objections to a petition for the appointment of a Board of View filed by PFG Capital Limited Partnership (PFG), assignee of All Seasons York South, L.P. (All Seasons) and directed that the case proceed before a Board of View pursuant to the Pennsylvania Eminent Domain Code (Code).1
Act of June 22, 1964, Sp. Sess., P.L. 84, as amended, formerly 26 P.S.

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