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GAEBEL, et ux. v. THORNBURY TOWNSHIP

Appeal, No. 792 C.D. 1972.

8 Pa.Commw. 399 (1973)

Gaebel, et ux. v. Thornbury Township.

Commonwealth Court of Pennsylvania.

April 6, 1973.

Attorney(s) appearing for the Case

Holbrook M. Bunting, Jr., with him Trevaskis, Doyle, Currie, Nolan & Bunting, for appellants.

Charles C. Keeler, with him Fronefield, DeFuria and Petrikin, for appellee.

Argued February 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, April 6, 1973:

This is an appeal from an order of the Court of Common Pleas of Delaware County which sustained preliminary objections filed by Thornbury Township (Thornbury) to the petition for appointment of viewers and the order appointing a board of view to ascertain and award just compensation to William F. Gaebel and Virginia R. Gaebel (Gaebels).

Gaebels own certain land in Thornbury Township which was zoned commercial. On March...

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