Salfi v. Division of Administration, State, Department of Transportation

WALDEN, Judge.

Eminent Domain proceedings. The trial court denied the property owners’ Motion to Dismiss the condemning authority’s Amended Complaint and to strike the condemning authority’s Amended Declaration of Taking. The trial court went on to enter the Order of Taking. Based on these *782decisions the property owners sought this Court’s common law writ of certiorari. We grant the writ and quash the orders in question.

The first question challenges the condemning authority’s power to condemn a rest area for a limited access highway. The property owners’ position is that the source of the power…