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IN RE CONDEMNATION BY THE COUNTY OF LANCASTER

909 A.2d 913 (2006)

In re CONDEMNATION BY THE COUNTY OF LANCASTER, Lancaster County, Pennsylvania, of an approximate 930.2 acres of land with improvements thereon situated at Lancaster County, Pennsylvania for the purpose of use as park and recreation land (Property of Pennsylvania Lines LLC).

Commonwealth Court of Pennsylvania.

Decided October 30, 2006.

Attorney(s) appearing for the Case

Matthew J. Créme and Bernadette M. Hohenadel, Lancaster, for appellant.

Scott T. Wyland, Harrisburg, for appellee, Conestoga Township.

BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

The County of Lancaster (County) appeals from an order of a two-judge panel of the Court of Common Pleas of Lancaster County that sustained preliminary objections to a declaration of taking filed by the County in regard to a strip of land that formerly was part of a railroad line known as the "Enola Branch" owned by Pennsylvania Lines LLC (PRR), running approximately twenty-three miles westward from the Lancaster/Chester County border...

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