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BEAVER FALLS MUN. v. BEAVER FALLS MUN.

No. 568 C.D. 2008.

960 A.2d 933 (2008)

In re Condemnation by the BEAVER FALLS MUNICIPAL AUTHORITY for PENNDALE WATER LINE EXTENSION, Big Beaver Borough, Beaver County, Constantine John Vassilaros and Sherry Vassilaros v. BEAVER FALLS MUNICIPAL AUTHORITY, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 21, 2008.

Attorney(s) appearing for the Case

J. Philip Colavincenzo, Beaver, for appellant.

Samuel P. Kamin, Pittsburgh, for appellees, Constantine John Vassilaros and Sherry Vassilaros.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

In this eminent domain appeal, Beaver Falls Municipal Authority (Authority) asks whether the Court of Common Pleas of Beaver County (trial court) erred in sustaining the preliminary objections of Constantine John Vassilaros and Sherry Vassilaros (Condemnees) to the Authority's declaration of taking. Condemnees initially granted the Authority an easement over their property for an access road and water lines in connection with the Authority...

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