MATTER OF TP. OF UPPER ST. CLAIR


138 Pa.Commw. 321 (1991)

587 A.2d 907

In the Matter of the Condemnation by the TOWNSHIP OF UPPER ST. CLAIR of an Easement on the Property of Mary Caldwell, Deceased, Appeal of David B. FRYER and Elaine M. Rusilko, Executors of the Estate of Mary Caldwell, Deceased.

Commonwealth Court of Pennsylvania.

Decided March 5, 1991.


Attorney(s) appearing for the Case

Richard P. Krill, with him, James C. Larrimer, Dougherty, Larrimer & Molinaro, Pittsburgh, for appellants.

Joan P. Feldman, with her, Robert N. Hackett, Robert N. Hackett & Associates, Pittsburgh, for appellee, Tp. of St. Clair.

Before McGINLEY and KELLEY, JJ., and NARICK, Senior Judge.


NARICK, Senior Judge.

Co-Executors of the estate of Mary Caldwell (Appellants) filed preliminary objections (POs) on April 18, 1990 to Upper St. Clair Township's (Appellee's) declaration of taking. We affirm the trial court's August 6, 1990 denial of those POs and a motion to amend the same.

The facts are as follows. On December 27, 1989, the developer of a proposed twenty-four lot subdivision and Appellee entered into an indemnification agreement. According...

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