38 Pa. Commw. 206 | Pa. Commw. Ct. | 1978
Opinion by
The Pennsylvania Department of Transportation (PennDOT) has appealed from an interlocutory protective order in limine of the Court of Common Pleas of Allegheny County which prohibited it from introducing evidence of less than a total de facto taking in an eminent domain proceeding involving property owned by Charles E. and Mary Ann Jennings (Jennings). We allowed the appeal pursuant to Pa.R.A.P. 1311.
On June 9, 1975, the Jennings petitioned the court below for the appointment of viewers, as permitted by Section 502(e) of the Eminent Domain Code,
Judge Wekselman stated in his opinion in support of the order that he believed that Judge O’Malley’s January 20, 1976 order dismissing PennDOT’s preliminary objections to the petition for the appointment
Section 515 of the Code, 26 P.S. §1-515, provides in pertinent part:
Any party aggrieved by the decision of the viewers may appeal to the court of common pleas within thirty days from the filing of the report. The appeal shall raise all objections of law or fact to the viewers ’ report.
Section 516, 26 P.S. §1-516, provides, further, that the appeal shall set forth “[objections, if any, to the viewers’ report, other than to the amount of the award.” PennDOT raised no specific objections in its appeal from the Board’s report, and it preserved only its right to a trial de novo. As we have held in Kellman Fund v. Department of Transportation, 24 Pa. Commonwealth Ct. 102, 354 A.2d 583 (1976), the purpose
Order
And Now, this 20th day of October, 1978, tbe order of tbe Court of Common Pleas of Allegheny County is hereby affirmed.
Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §1-101 et seq.