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DEETS v. MOUNTAINTOP AREA J. S. A.

No. 1332 C.D. 1983.

84 Pa.Commw. 300 (1984)

Edward P. Deets, Elizabeth L. Deets, his wife, and Mountaineer Enterprises, Inc., Appellants v. The Mountaintop Area Joint Sanitary Authority, Appellee.

Commonwealth Court of Pennsylvania.

August 2, 1984.

Attorney(s) appearing for the Case

Jerome L. Cohen, with him, John L. McDonald, for appellants.

George Spohrer, with him, Ronald P. Sweeda, for appellees.

Argued June 4, 1984, before Judges WILLIAMS, JR., DOYLE and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., August 2, 1984:

Appellants, Edward and Elizabeth Deets and Mountaineer Enterprises, Inc. (Mountaineer), appeal from an order of the Court of Common Pleas of Luzerne County dismissing the appellants' petition for appointment of viewers to assess eminent domain damages.

On December 14, 1976 Edward and Elizabeth Deets entered into a right-of-way agreement with the Mountaintop Area Joint Sanitary Authority (Authority) allowing a...

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