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KEHLER ET UX. APPEAL

No. 49 T.D. 1981.

65 Pa.Commw. 336 (1982)

Condemnation by the Springettsbury Township Sewer Authority Etc. Steven C. Kehler et ux., Appellants.

Commonwealth Court of Pennsylvania.

March 16, 1982.

Attorney(s) appearing for the Case

Donald L. Reihart, with him Lillian M. Morgan, Laucks & Monroe, for appellants.

Donald H. Yost, Blakey, Yost, Bupp & Kilgore, for appellee, Springettsbury Township.

Kenneth J. Sparler, Anstine & Anstine, for appellee, Springettsbury Township Sewer Authority.

Argued February 5, 1982, before Judges ROGERS, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 16, 1982:

Stephen C. Kehler and Beth A. Kehler, his wife, have appealed from an order of the Court of Common Pleas of York County sustaining Springettsbury Township's demurrer to the appellants' petition for the appointment of viewers.1 From depositions filed in the court below we learn that as the result of an obstruction by foreign matter in the sanitary sewer line serving the appellants' dwelling, sewage...

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