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PennDER APPEAL.

No. 1515 C.D. 1983.

91 Pa.Commw. 381 (1985)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Environmental Resources of 17.9 Acres of Land Situate in the Borough of Canonsburg, Washington, County, Pennsylvania. Canon Development Company, Inc. et al., Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant.

Commonwealth Court of Pennsylvania.

August 27, 1985.

Attorney(s) appearing for the Case

Michael J. Creighton, Assistant Counsel, with him, Douglas R. Blazey, Chief Counsel, DER, and Jay C. Waldman, General Counsel, for appellant.

John C. Pettit, Patrono, Ceisler, Edwards & Pettit, for appellee, Canon Development Co., Inc.

Argued March 13, 1985, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE MacPHAIL, August 27, 1985:

The Commonwealth of Pennsylvania, Department of Environmental Resources (DER) appeals here from an order of the Court of Common Pleas of Washington County which sustained the preliminary objections of Canon Development Company, Inc. (Canon) to DER's declaration of taking.

Canon owned certain property which DER sought to condemn pursuant to Section 1301 of The Atomic Energy Development and Radiation Control Act (Atomic...

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