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MATTER OF GAUS

132 Pa.Commw. 165 (1990)

572 A.2d 246

In the Matter of Taking by the Township of Indiana of Certain Property Located in Indiana Township, Allegheny County, Pennsylvania Being Property now Owned by James F. GAUS and Joanne C. Gaus, and Kenneth H. Bushman and Catherine V. Bushman. Appeal of David H. PATTERSON, Mary M. Patterson, Robert L. Marsh, Sr., and Robert L. Marsh, Jr.

Commonwealth Court of Pennsylvania.

Decided March 2, 1990.

Reargument Denied May 1, 1990.

Attorney(s) appearing for the Case

David H. Patterson, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for appellants.

John G. Arch, with him, James H. Roberts, Pittsburgh, for appellees.

Before CRAIG and SMITH, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

David H. and Mary M. Patterson, Robert L. Marsh, Sr., and Robert L. Marsh, Jr., (collectively, intervenors) appeal from an order of the Court of Common Pleas of Allegheny County which dismissed the preliminary objections filed by the Township of Indiana (Township) and intervenors. We reverse.

The facts of this case are as follows. James F. and Joanne C. Gaus and Kenneth H. and Catherine V. Bushman (collectively, condemnees), petitioned...

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