Commonwealth's Crosstown Expressway Appeal

Opinion by

President Judge Bowman,

This is an appeal by the Department of Highways (now the Department of Transportation) from the lower court’s dismissal of its preliminary objections to the appointment of viewers. The question on appeal is whether the lower court properly concluded that the well pleaded averments of a property owner’s petition for the appointment of viewers are legally sufficient to state a cause of action for compensable injury by reason of a de faeto taking. We are without the benefit of the lower court’s reasoning in concluding as it did in that it has not filed a brief…