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TOWNSHIP OF O'HARA v. CONDEMNATION OF AN EASEMENT AND RIGHT OF WAY FOR PUBLIC PURPOSES

860 A.2d 1160 (2004)

TOWNSHIP OF O'HARA v. CONDEMNATION OF AN EASEMENT AND RIGHT OF WAY FOR PUBLIC PURPOSES for Use in a Sewer District of a Certain Section of O'Hara Township Designated as "Crawford Lane and Mission Lane Area" in Allegheny County, Pennsylvania, Over Lands of C. Kent and Valerie L. May, Located at Block and Lot No. 358-B-75 Appeal of C. Kent and Valerie L. May.

Commonwealth Court of Pennsylvania.

Decided November 4, 2004.

Attorney(s) appearing for the Case

Sandy B. Garfinkel, Pittsburgh, for appellants.

Philip J. Weis, Pittsburgh, for appellee.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

C. Kent and Valerie L. May (Condemnees) appeal an Order of the Court of Common Pleas of Allegheny County overruling their preliminary objections to an Amended Declaration of Taking filed by the Township of O'Hara (Township) for property Condemnees own in Fox Chapel Borough (Borough).1 Condemnees argue that the trial court erred when it found that the Township...

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