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REILLY ET AL. v. DER ET AL.

No. 566 C.D. 1977.

37 Pa.Commw. 608 (1978)

Timothy J. Reilly and J. Emmett Reilly, co-partners, trading and doing business as Reilly Contracting Co. v. Commonwealth of Pennsylvania, Department of Environmental Resources and The General State Authority, Appellants.

Commonwealth Court of Pennsylvania.

September 18, 1978.

Attorney(s) appearing for the Case

H. Warren Ragot, Assistant Attorney General, with him Theodore A. Adler, Chief Counsel, for appellants.

Thomas L. Kennedy, for appellees.

Argued April 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE BLATT, September 18, 1978:

The Department of Environmental Resources (DER) and the General State Authority (appellants) appeal here from an order of the Court of Common Pleas of Luzerne County which dismissed their preliminary objections to a petition for the appointment of a board of view filed by Timothy J. and J. Emmett Reilly (appellees).

The appellees purchased a large tract of undeveloped land in Dennison Township, Luzerne County in...

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