Gamma Swim Club, Inc. v. Commonwealth

Opinion by

Judge Craig,

Gamma Swim Club, Inc. appeals from an order of the Court of Common Pleas of Delaware County sustaining preliminary objections of 'the Department of Transportation (department) to the swim club’s petition for the .appointment of viewers alleging a de facto eminent domain taking.

Also before us is the swim club’s motion to remand.

Motion to Remand

The swim club has requested a remand to the trial court to allow it to present evidence as to matters which have occurred since the hearing in May, 1984. This court is familiar with motions to- remand because the lower court or…