CONDEMNATION OF LAND IN DERRY TWP.

No. 1609 C.D. 1974.

20 Pa.Commw. 419 (1975)

Condemnation of 1.6 Acres of Land Situate in Derry Township, Dauphin County, Pennsylvania, by the Lower Dauphin School District. William G. Albright, Simon Rhoads, Isaac W. Albright and Claude M. Basler, Appellants.

Commonwealth Court of Pennsylvania.

July 24, 1975.


Attorney(s) appearing for the Case

Herbert A. Schaffner, with him Reynolds, Bihl & Schaffner, for appellants.

Thomas D. Caldwell, Jr., with him Caldwell, Clouser & Kearns, for appellee.

Argued June 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, July 24, 1975:

William G. Albright, Simon Rhoads, Issac W. Albright and Claude M. Basler have appealed from an order of the Court of Common Pleas of Dauphin County dismissing their preliminary objections attacking the lawfulness of the taking by the Lower Dauphin School District of land containing one and six tenths of an acre in Derry Township for school purposes.

The preliminary objections raised a number of questions, the disposition...

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