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U. MONTGOMERY JT. AUTH. v. YERK

1 Pa.Commw. 269 (1971)

Upper Montgomery Joint Authority v. Lawrence I. Yerk.

Commonwealth Court of Pennsylvania.

February 22, 1971.

Attorney(s) appearing for the Case

C. Edmund Wells, with him Wells, Campbell, Yohn & Wells, for appellant.

Bruce L. Waltman, with him J. Willard Schoelkopf, for appellee.

Argued December 8, 1970, before President Judge BOWMAN, and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and BARBIERI.

OPINION BY JUDGE BARBIERI, February 22, 1971:

This eminent domain case comes before this Court on appeal from an order by the Common Pleas Court of Montgomery County, dismissing New Matter and the defense of the Statute of Limitations raised therein by Upper Montgomery Joint Authority (Condemnor) to a Petition for Appointment of a Jury of View filed by Lawrence I. Yerk (Condemnee).

Condemnor effected the taking of the Condemnee's land by the filing of condemnation...

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