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IN RE A CONDEMNATION PROCEEDING BY SOUTH

822 A.2d 142 (2003)

In re A CONDEMNATION PROCEEDING BY SOUTH WHITEHALL TOWNSHIP, Lehigh County, Pennsylvania, to Acquire Storm Sewage Easements Over, Under and Through Lands Owned of Record by Esau T. Joseph and Labiby Joseph in the Vicinity of North 28th and Fairmont Streets, South Whitehall Township. Appeal of Easau T. and Labiby Jopseph.

Commonwealth Court of Pennsylvania.

Decided April 28, 2003.

Attorney(s) appearing for the Case

Emil W. Kantra, II, Center Valley, for appellants.

Blake C. Marles, Lehigh Valley, for appellee.

BEFORE: COLINS, President Judge, SIMPSON, Judge (P), and MIRARCHI, JR., Senior Judge.

OPINION BY Judge SIMPSON.

Esau Joseph and Labiby Joseph (Landowners) appeal from the order of the Court of Common Pleas of Lehigh County (trial court) that dismissed their preliminary objections to a declaration of taking filed by South Whitehall Township (Condemnor). The issues in this case surround (i) the adequacy of the resolution and declaration of taking, and (ii) the allocation of the burden of proof before the trial court.

In response to water drainage...

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