Sienkiewicz v. Commonwealth, Department of Transportation

OPINION BY

Senior Judge McCLOSKEY.

Richard Sienkiewicz, Jr., t/d/b/a Montage Mini-Mart, Inc. (Landowner), and the Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeal from an order of the Court of' Common Pleas of Lackawanna County (trial court), dated May 2, 2003, as clarified by the trial court’s order dated June 9, 2003, which denied PennDOT’s preliminary objections to Landowner’s amended petition for appointment of a Board of Viewers and which determined that PennDOT’s actions in connection with a road reconfiguration constituted a de facto condemnation of…