Norberry One Condominium Ass'n v. Commonwealth, Department of Transporatation

OPINION BY

Judge LEAVITT.

This is an appeal of the order of the Court of Common Pleas of Butler County (trial court) sustaining the preliminary objections of the Department of Transportation (DOT) to a Petition for Appointment of Viewers1 filed by the Norberry One Condominium Association (Association), a non-profit corporation, and twelve individual condominium owners (collectively Nor-berry). Norberry asserts that construction of a highway entrance ramp 60 feet from the Norberry One Condominium Building (Norberry One) effects a defacto condemnation and, therefore, the trial court erred in…