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PAWLOWSKI v. BORO. OF BARNESBORO

No. 2638 C.D. 1987.

118 Pa.Commw. 375 (1988)

545 A.2d 965

Reginald L. Pawlowski, Trustee of Trust of Reginald L. Pawlowski and Loretta Pawlowski, husband and wife, Appellants v. Borough of Barnesboro, a municipal corporation, Appellee.

Commonwealth Court of Pennsylvania.

August 3, 1988.

Attorney(s) appearing for the Case

Suzanna M. Pawlowski, for appellant.

Christian A. Fisanick, with him, Vasil Fisanick, for appellee.

Argued May 23, 1988, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, August 3, 1988:

Reginald L. Pawlowski, trustee of a trust of Reginald L. Pawlowski and Loretta Pawlowski, husband and wife, appeals an order of the Court of Common Pleas of Cambria County which sustained the preliminary objections of the Borough of Barnesboro (Borough) and denied his petition for the appointment of viewers.

On July 26, 1985, Pawlowski filed a petition for the appointment of viewers, alleging a de facto taking of his...

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