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PIDSTAWSKI ET AL. v. SO. WHITEHALL TWP.

No. 866 C.D. 1976.

33 Pa.Commw. 162 (1977)

Re: Condemnation of Tract of Land Consisting of Certain Individually Owned Tracts of Land Lying Along Jordan Creek, East of Wehr Dam's Bridge, South Whitehall Township, Route 1, Allentown, Lehigh County, Pa., by the Township of South Whitehall for the Purposes of Public Park, Recreation Area and Facilities re Tracts Nos. 5, 6 and 7. Nicholas and Helen S. Pidstawski et al. v. South Whitehall Township. Nicholas and Helen S. Pidstawski, Charles F. and Joan E. Hoffman, and LeRoy W. and Carrie A. Breininger, Appellants.

Commonwealth Court of Pennsylvania.

December 22, 1977.

Attorney(s) appearing for the Case

James B. Martin, with him William C. Wickkiser, Michael J. Piosa, and Wallace C. Worth, Jr., for appellants.

James A. Bartholomew, with him Richard W. Shaffer, and Butz, Hudders & Tallman, for appellee.

Argued October 6, 1977, before Judges CRUMLISH, JR. and WILKINSON, JR., sitting as a panel of two.

OPINION BY JUDGE CRUMLISH, JR., December 22, 1977:

This is an appeal by Nicholas and Helen S. Pidstawski, Charles F. and Joan E. Hoffman and LeRoy and Carrie A. Breininger (Condemnees) from an order of the Court of Common Pleas dismissing their preliminary objections to a Declaration of Taking filed by the Township of South Whitehall (Township). The sole issue is whether Condemnees' properties were taken for...

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