Appeal from Common Pleas Court, Allegheny County; Maurice Louik, Judge.
Jeffrey L. Giltenboth, Asst. Counsel, with him, John L. Heaton, Chief Counsel, Pittsburgh, for appellant.
Thomas J. Dempsey, Pittsburgh, for appellees.
Crumlish, Jr., President Judge, and Doyle (p.) and Colins, JJ. Doyle, Judge, concurring and dissenting.
[ 129 Pa. Commw. Page 581]
The Pennsylvania Department of Transportation (DOT) appealed an order of the Allegheny County Common Pleas Court, which concluded that DOT's taking of the property of the Estate of Julia F. Rochez was excessive.
A panel of Judges of this Court affirmed the common pleas court's order and remanded for a determination of damages. (Doyle, J., concurring and dissenting).
We subsequently granted reconsideration of our decision.*fn1
[ 129 Pa. Commw. Page 582]
In the opinion accompanying the May 17, 1989 order, it was stated that the building on the property in question had been leveled. Upon reconsideration, a review of the record reveals that while DOT had condemned the entire building, the building itself was left standing.
Although the original decision contained a misstatement of fact, we find that the misstatement is not material to the outcome of the case. We therefore amend the prior opinion of the panel to correct this misstatement and confirm our prior order in ...