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CARROLL TWP. v. JONES ET AL.

No. 3042 C.D. 1983.

85 Pa.Commw. 400 (1984)

Carroll Township, a Municipal Corporation, Appellant v. Griffith J. Jones and Ronald A. Jones, Appellees.

Commonwealth Court of Pennsylvania.

October 3, 1984.

Attorney(s) appearing for the Case

Herman J. Bigi, for appellant.

Raymond P. Amatangelo, with him, Janette Baisley, for appellees.

Submitted on briefs September 12, 1984, to Judges WILLIAMS, JR., CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 3, 1984:

Because we have permitted the appeal of an interlocutory question certified by the Court of Common Pleas of Washington County, in an eminent domain proceeding initiated by a landowners' petition for appointment of viewers, which averred a de facto taking of their alleged right-of-way by Carroll Township's demolition of a bridge across a creek, we must determine if the township bypassed the issue of the landowners' alleged lack...

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