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McGAFFIC v. RED. AUTH., CITY OF N. CASTLE

No. 3155 C.S. 1986.

120 Pa.Commw. 199 (1988)

548 A.2d 653

Robert W. McGaffic et al. v. Redevelopment Authority of The City of New Castle and The City of New Castle. Redevelopment Authority of The City of New Castle, Appellant.

Commonwealth Court of Pennsylvania.

October 4, 1988.

Attorney(s) appearing for the Case

Daniel I. Herman, Geer and Herman, for appellant.

Jonathan Solomon, with him, Robert E. Jamison, for appellees.

Appeal March 25, 1988, before Judges BARRY and SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE SMITH, October 4, 1988:

Appellant Redevelopment Authority of the City of New Castle (Authority) appeals from the October 8, 1986 decision and order of the Court of Common Pleas of Lawrence County in which the Court dismissed the Authority's preliminary objections to the petition for appointment of viewers and determined that a de facto taking had occurred of property belonging to Appellees...

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