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IN RE PROPERTY SITUATE ALONG PINE ROAD

151 Pa.Commw. 619 (1992)

618 A.2d 1070

In re Property Situate Along Pine Road, in Earl Township, Owned By Walter C. Krauss and Catherine J. Krauss, as Trustees under the Walter C. Krauss Trust and Catherine J. Krauss Trust. Appeal of Walter C. KRAUSS and Catherine J. Krauss, as Trustees under the Walter C. Krauss Trust and Catherine J. Krauss Trust, Appellants.

Commonwealth Court of Pennsylvania.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Charles K. Serine, for appellants.

Margaret K. Collins, for appellee, Borough of Boyertown.

Before DOYLE and FRIEDMAN, JJ., and LORD, Senior Judge.

LORD, Senior Judge.

Walter and Catherine Krauss appeal a common pleas court order sustaining Boyertown Borough's preliminary objections to the Krausses' petition for appointment of viewers, which was brought pursuant to section 502 of Article V, the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §§ 1-101 — 1-903. We reverse.

In 1964, the Krausses acquired the subject property and, according to...

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