Commonwealth v. Smoluk

Opinion by

Judge Doyle,

The present appeal by the Pennsylvania Department of Transportation (Department) arises from the same fact situation as appears in Department of Transportation v. Smoluk, 100 Pa. Commonwealth Ct. 422, 514 A.2d 1000 (1986) (Smoluk I).

The trial court issued separate orders dismissing the Departments preliminary objections to the landowners’ (Smoluks’) petition alleging a de facto taking and sustaining the Smoluks’ preliminary objections to the Department’s declaration of taking. In Smoluk I we reversed the trial court’s order dismissing the Department’s preliminary…