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PERRY ET UX. APPEAL

No. 1874 C.D. 1981.

75 Pa.Commw. 343 (1983)

In Re: Condemnation of Permanent and Temporary Rights-of-Way and Easements Over, Across and Under Lands of Jere E. Perry and Mary E. Perry, His Wife, In Greene Township, Franklin County, Pennsylvania. Jere E. Perry and Mary E. Perry, His Wife, Appellants.

Commonwealth Court of Pennsylvania.

July 1, 1983.

Attorney(s) appearing for the Case

Eileen F. Schoenfen, with her Thomas J. Finucane, Wingerd & Long, for appellants.

Rudolf M. Wertime, Wertime, Guyer & Gingrich, for appellee.

Argued May 9, 1983, before Judges ROGERS, BLATT and DOYLE, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 1, 1983:

Jere E. and Mary E. Perry, husband and wife, (appellants) appeal an order of the Court of Common Pleas of Franklin County which overruled their preliminary objections to a declaration of taking filed by the Guilford Water Authority (Authority) which sought to locate a sixteen-inch water line on the appellants' property.

The first argument raised by the appellants is that an eminent domain declaration of taking is not lawful...

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