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SCHERBICK ET UX. v. COM. COLL. OF ALLEG. CO.

No. 13 T.D. 1976.

53 Pa.Commw. 458 (1980)

John Scherbick and Elizabeth Scherbick, his wife, Plaintiffs v. Community College of Allegheny County, Original Defendant. Dick Corporation and State Public School Building Authority, Additional Defendants.

Commonwealth Court of Pennsylvania.

August 14, 1980.

Attorney(s) appearing for the Case

George R. Specter, with him Arnold D. Wilner, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for plaintiffs.

John Edward Wall, Dickie, McCamey & Chilcote, for defendant.

James R. Clippinger, Assistant Counsel, for additional defendants.

Argued May 5, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, August 14, 1980:

John Scherbick and Elizabeth Scherbick (plaintiffs) filed a complaint in 1973 in the Court of Common Pleas of Allegheny County, charging that the Community College of Allegheny County (College), while engaged in construction on property adjacent to plaintiffs' property, destroyed valuable trees and shrubbery belonging to plaintiffs and altered the drainage flow in the area so as to cause unlawful discharge of drainage water...

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