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MILAS APPEAL.

No. 1880 C.D. 1976.

36 Pa.Commw. 1 (1978)

In the Matter of: Condemnation of Rights of Way and Easements Situate in the Township of North Huntingdon and the Township of Hempfield, County of Westmoreland, Commonwealth of Pennsylvania, by the North Huntingdon Township Municipal Authority for Sewerage Purposes. John E. Milas and Veronica L. Milas, Appellants.

Commonwealth Court of Pennsylvania.

June 7, 1978.

Attorney(s) appearing for the Case

David M. Priselac, for appellants.

Donald J. Snyder, Jr., with him Costello & Berk, for appellee.

Argued May 6, 1977, before Judges KRAMER, MENCER and ROGERS, sitting as a panel of three. Reargued May 2, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE ROGERS, June 7, 1978:

John and Veronica Milas (condemnees) have appealed from an order of the Westmoreland County Court of Common Pleas dismissing their preliminary objections to a declaration of taking filed by the North Huntingdon Township Municipal Authority (Authority). The condemnees argue that the court below erred in dismissing their preliminary objections without first having conducted an evidentiary hearing.

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