Guttha v. Commonwealth, Department of Transportation

DISSENTING OPINION BY

Senior Judge KELLEY.

I respectfully dissent.

In support of its determination that the appointment of a board of viewers on Gut-tha’s claim for general condemnation damages was properly quashed, the Majority cites to Appeal of Scholl, 292 Pa. 262, 141 A. 44 (1928), Amoco Oil Company v. Department of Transportation, 157 Pa. Cmwlth. 222, 629 A.2d 259 (1993) and Appeal of Hawk Sales Company, Inc., 38 Pa.Cmwlth. 535, 394 A.2d 657 (1978). However, in each of these cases, the leases in question were not considered by the trial court in a preliminary manner as a preliminary…