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IN RE TRACT OF LAND SITUATE IN LOWER WINDSOR TWP

152 Pa.Commw. 211 (1992)

618 A.2d 1169

Condemnation of a Tract of Land Situate in Lower Windsor Township, York County, Pennsylvania, by Eastern York School District for School Purposes. Appeal of Harold McKONLY and Judy McKonly, Appellants.

Commonwealth Court of Pennsylvania.

Decided December 11, 1992.

Attorney(s) appearing for the Case

John F. Markel, for appellants.

Henry B. Leader, for appellee.

Before PALLADINO and McGINLEY, JJ., and BARRY, Senior Judge.

PALLADINO, Judge.

Harold and Judy McKonly (Condemnees) appeal from an order of the Court of Common Pleas of York County (trial court) dismissing Condemnees' preliminary objections to a declaration of taking (declaration) filed by the Eastern York School District (Condemnor). We vacate and remand.

On September 30, 1991, Condemnor filed a declaration of taking condemning a sixteen-acre tract of land...

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