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BORO. OF JEFFERSON v. BRACCO ET UX.

No. 2499 C.D. 1986.

113 Pa.Commw. 223 (1988)

536 A.2d 868

Borough of Jefferson, Appellant v. Enrico Bracco and Norma M. Bracco, his wife, Appellees.

Commonwealth Court of Pennsylvania.

February 2, 1988.

Attorney(s) appearing for the Case

Kerry A. Fraas, with him, Mord C. Taylor, Jr., for appellant.

Edward P. Zemprelli, Zemprelli, Clipper and Campedel, for appellees.

Argued October 8, 1987, before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 2, 1988:

The Borough of Jefferson (Borough) has appealed from an order of the Court of Common Pleas of Allegheny County which granted an application for post-trial relief filed by Enrico and Norma M. Bracco (Condemnees) and awarded condemnation damages to Condemnees in the sum of $45,800 for the taking of a right-of-way to construct and maintain a sanitary sewer in the Borough. The order granting post-trial relief vacated the trial...

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