Sienkiewicz v. Commonwealth, Department of Transportation

ORDER

Applicant, Richard Sienkiewicz, Jr., has filed an application for reargument relative to the Court’s decision of September 28, 2005, which required that Respondent PennDOT’s preliminary objections to Applicant’s petition for a board of viewers be sustained, as Applicant had failed to establish a de facto condemnation. See Sienkiewicz v. PennDOT, 883 A.2d 494 (Pa.2005). The case concerns Applicant’s claim, as a business owner, that his commercial fuel station and convenience store operations were impaired by a public road reconfiguration project. The background is set forth in our…