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CO. OF ALLEGHENY v. CH. OF JESUS CHRIST

No. 762 C.D. 1973.

14 Pa.Commw. 510 (1974)

County of Allegheny, Appellant, v. The Church of Jesus Christ, Appellee.

Commonwealth Court of Pennsylvania.

August 1, 1974.

Attorney(s) appearing for the Case

Samuel P. Kamin, Assistant County Solicitor, with him Francis A. Barry, County Solicitor, for appellant.

Leonard M. Mendelson, with him Hollinshead and Mendelson, for appellee.

Argued May 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., August 1, 1974:

Preliminary Objections by the Church of Jesus Christ (Appellee) to the declaration of taking in eminent domain filed by the County of Allegheny (Appellant) were sustained by the Court of Common Pleas of Allegheny County.

This appeal followed, which we sustain and reverse the court below.

In May 1967, Appellee engaged the services of an architect...

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