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CITY OF PHILA. v. KEYSER ET AL.

No. 1584 C.D. 1978.

45 Pa.Commw. 271 (1979)

The City of Philadelphia, Appellant v. Edward F. Keyser and Glenys Audrey Keyser, Appellees.

Commonwealth Court of Pennsylvania.

August 30, 1979.

Attorney(s) appearing for the Case

Agostino Cammisa, Assistant City Solicitor, with him James M. Penny, Jr., Deputy City Solicitor, Edgar R. Einhorn, Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellant.

Donald H. Pugh, for appellees.

Argued April 4, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges CRUMLISH, JR., MENCER and DiSALLE did not participate.

OPINION BY JUDGE CRAIG, August 30, 1979:

This de facto condemnation appeal is from an order of the Court of Common Pleas of Delaware County, dismissing appellant City of Philadelphia's exceptions to a decision in favor of appellees, the Keysers. The lower court held that the City had taken the Keysers' property within the provisions of the Eminent Domain Code, Act of June 22, 1964, Spec. Sess., P.L. 84, as amended, 26 P.S. § 1-101 et seq., as a consequence...

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