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NANTICOKE RE. AUTH. v. SPENCER, ET AL.

No. 634 C.D. 1975.

23 Pa.Commw. 77 (1976)

Redevelopment Authority of the City of Nanticoke v. Theodore G. Spencer, Anna A. Spencer, his wife, and Theodore G. Spencer, trading and doing business as Ted Spencer & Sons Auto Service Center, Appellants.

Commonwealth Court of Pennsylvania.

January 23, 1976.

Attorney(s) appearing for the Case

Philip F. Hudock, with him Robert P. Hudock, and Hudock and Hudock, for appellants.

Donald D. McFadden, with him Flanagan, Doran, Biscontini & Shaffer, for appellee.

Argued October 8, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS and BLATT. Judges KRAMER and WILKINSON, JR. did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, January 23, 1976:

In this appeal by property owners, Theodore G. Spencer and wife, they assert the lower court erred as a matter of law in its disposition on the merits of several issues raised by their preliminary objections to the declaration of taking of their property by the Redevelopment Authority of the City of Nanticoke. They also insist it likewise erred in concluding...

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