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CITY OF PHILA. v. SORRENTINO ET UX.

No. 2196 C.D. 1984.

95 Pa.Commw. 236 (1986)

505 A.2d 373

In the Matter of: Selection and Appropriation of Manayunk Schuylkill Canal, Northwest of Parker Avenue and Umbria Street for Park Purposes. City of Philadelphia, Appellant v. Dominic Sorrentino and Mary Sorrentino, h/w, Appellees.

Commonwealth Court of Pennsylvania.

February 21, 1986.

Attorney(s) appearing for the Case

Mary Rose Cunningham, with her, Joy J. Bernstein, Assistant City Solicitor, for appellant.

Murray B. Dolfman, with him, Lester L. Dolfman, for appellees.

Argued December 13, 1985, before Judges CRAIG and COLINS, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, February 21, 1986:

The City of Philadelphia (City) appeals an order of the Court of Common Pleas of Philadelphia County, which dismissed the preliminary objections to the Petition for Appointment of a Board of Viewers filed by Dominic and Mary Sorrentino (appellees) and held that the City's construction of a towpath along the Manayunk Schuylkill Canal (Canal) constituted a de facto taking of appellees' property. We affirm.

Appellees...

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