Kahn v. PennDOT

RUFE, J.,

Defendant in this case, the Commonwealth of Pennsylvania, Department of Transportation, filed preliminary objections in the nature of a motion to quash an invalid petition for viewers, motion to quash for lack of specificity and in the nature of a demúrrer. The undersigned, by order dated January 9, 1991, denied said preliminary objections of the Commonwealth. Defendant has appealed in accordance with Pennsylvania case law, which holds that an order dismissing preliminary objections to petition for appointment of viewers alleging a de facto taking is a final and appealable order.…