Department of Transportation v. Rudeseal

Banke, Judge.

These appeals are from judgments rendered in two condemnation cases. Both petitions were filed on December 7, 1976, and personal service was made on the two condemnees over the following 2-day period. Apparently because of an agreement with counsel for the Department of Transportation, neither condemnee filed a notice of appeal from the department’s declaration of taking until February 9, 1977, which in each case was more than 30 days after he had received personal service of the petition. The department moved to dismiss both appeals on the ground that the notices were not timely…