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MATTER OF CONDEMNATION BY URBAN REDEVELOPMENT

913 A.2d 178 (2006)

In the Matter of CONDEMNATION BY URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH of Certain Land in the 22nd Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area 51 (Federal North) Being Property of New Garden Realty Corporation, a Pennsylvania Corporation; Its Administrators, Executors, Successors, Assigns or Any Other Persons Found to Have Any Interest in the Property. Appeal of New Garden Realty Corporation.

Supreme Court of Pennsylvania.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Peter N. Georgiades, Esq., Greystone Legal Associates, P.C., James C. Sargent, Jr., Esq., Lamb McErlane, P.C., Pittsburgh, for New Garden Realty Corp. and New Garden Theatre, Inc.

Witold J. Walczak, Esq., Donald C. Le Gower, Esq., Dechert, L.L.P., Philadelphia, for The American Civil Liberties Union.

Joel P. Aaronson, Esq., Pittsburgh, for Pittsburgh Redevelopment Authority.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.2

The issue presented in this matter is whether the Pittsburgh Urban Redevelopment Authority ("the URA") violated the free expression guarantees of the United States or Pennsylvania Constitutions when, as a part of a comprehensive redevelopment plan involving dozens of properties, it exercised eminent domain to take a theater showing adult-content...

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