Sienkiewicz v. PennDOT

NEALON, J.,

The Commonwealth of Pennsylvania, Department of Transportation has submitted preliminary objections to the amended petition for appointment of a board of viewers filed by plaintiff Richard Sienkiewicz Jr. t/d/b/a Montage Mini-Mart Inc. alleging a de facto condemnation of property by PennDOT. The competent and credible evidence establishes that PennDOT has effectively denied a reasonable and safe *451means of access to Sienkiewicz’ property for tractor-trailers, buses and large trucks which formerly comprised a considerable portion of Sienkiewicz’ business. Since PennDOT’s permanent…