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  5. 76 Pa.Commw. 424 (1983)
 

MERSHON ET AL. APPEAL.

Nos. 462 C.D. 1982 and 468 C.D. 1982.

76 Pa.Commw. 424 (1983)

Condemnation of Bucks County Tax Parcel No. 29-19-1-5 etc. James M. and Doris B. Mershon, Appellants. Condemnation of Bucks County Tax Parcel No. 29-19-1-5 etc. Lawrence N. Powell et al., Appellants.

Commonwealth Court of Pennsylvania.

August 18, 1983.

Attorney(s) appearing for the Case

John J. Collins, Collins and Brill, for appellants, James and Doris B. Mershon.

Stanton C. Kelton, III, Wood and Floge, for appellants, Lawrence N. Powell et al.

William F. Schroeder, Stuckert, Yates & Krewson, for appellee.

Argued June 8, 1983, before Judges WILLIAMS, JR., CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, August 18, 1983:

The Newtown, Bucks County, Joint Municipal Authority (Authority) commenced eminent domain proceedings against certain landowners, appellants herein, by filing a declaration of taking. Appellants filed preliminary objections averring that the Authority's procedure was fatally defective and that the condemnation was for a private purpose in violation of existing case law.

Counsel for the litigants requested the trial...

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