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SMATHERS APPEAL

No. 1832 C.D. 1977.

35 Pa.Commw. 486 (1978)

In Re: Condemnation by Redevelopment Authority of the County of Jefferson for Redevelopment Purposes of Lands of Olie Amundson's Estate; William Smathers and Byrtha Smathers, His Wife. W. William Smathers and Byrtha (Bertha) Smathers, Husband and Wife, and Bertha A. (Amundson) Smathers, Executrix Under the Last Will and Testament of Olie C. Amundson, Deceased, and Devisee Under His Last Will and Testament, Appellants.

Commonwealth Court of Pennsylvania.

May 26, 1978.

Attorney(s) appearing for the Case

Jesse P. Long, for appellants.

Robert M. Hanak, for appellee.

Submitted on briefs, May 5, 1978, to Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., May 26, 1978:

Appellants are owners of real property which was included in a declaration of taking filed by the Redevelopment Authority of the County of Jefferson (Redevelopment Authority). Appellants filed preliminary objections to the declaration of taking challenging various actions which were allegedly conditions precedent to the Redevelopment Authority's exercise of its powers of eminent domain. By letter to the Court Administrator...

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