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CITY OF PHILADELPHIA v. MARTORANO

No. 1896 C.D. 1976.

38 Pa.Commw. 573 (1978)

City of Philadelphia, Appellant v. Raymond Martorano, Appellee.

Commonwealth Court of Pennsylvania.

November 27, 1978.

Attorney(s) appearing for the Case

Barbara R. Axelrod, Assistant City Solicitor, with her Sheldon L. Albert, City Solicitor, and James M. Penny, Jr., Deputy City Solicitor, for appellant.

Lewis Kates, with him Kates & Livesey, for appellee.

Argued September 28, 1978, before Judges CRUMLISH, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, November 27, 1978:

This is an appeal by the City of Philadelphia (City) from an order of the Court of Common Pleas of Philadelphia County dismissing its Preliminary Objections. We reverse.

On July 22, 1974, the City acquired by condemnation a portion of real estate in Philadelphia, Pennsylvania, known as Pier 27 North. On July 14, 1976, Raymond Martorano (Appellee), pursuant...

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