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SOUTH WHITEHALL CONDEMNATION CASE

No. 97.

68 Pa. D. & C. 2d 230 (1974)

South Whitehall Condemnation Case

Common Pleas Court of Lehigh County, Pennsylvania.

June 25, 1974.

Attorney(s) appearing for the Case

Samuel A. Scott, of Butz, Hudders & Tallman, for condemnor.

James B. Martin, William C. Wickkiser, Michael J. Piosa and Wallace C. Worth, Jr., for condemnees.

DAVISON, J., June 25, 1974.

We have before us the question of the proper procedure to be followed where preliminary objections, which question the very essence of the taking, are filed in a condemnation proceeding.

The condemnees of Tracts Nos. 5, 6, and 7,1 have filed preliminary objections to the declaration of taking of South Whitehall Township, asserting (1) that the declaration of taking fails to demonstrate that the taking...

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