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ESPY ET UX. v. BUTLER AREA SEWER AUTH.

No. 3012 C.D. 1980.

63 Pa.Commw. 95 (1981)

Harold O. Espy and Norma J. Espy, his wife, Appellants v. Butler Area Sewer Authority, Appellee.

Commonwealth Court of Pennsylvania.

December 8, 1981.

Attorney(s) appearing for the Case

Thomas W. King, III, Dillon, McCandless, King & Kemper, for appellants.

Lee C. McCandless, McCandless, Krizner & Price, for appellee.

Argued October 5, 1981, before President Judge CRUMLISH, JR. and Judges ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 8, 1981:

Appellants, Harold and Norma Espy, appeal from an order of the Court of Common Pleas of Butler County sustaining the preliminary objections of the Butler Area Sewer Authority and dismissing the appellants' petition for the appointment of viewers.

On January 12, 1978, the Espys entered into a right-of-way agreement with the authority allowing a specified portion of their land to be used for the installation of a sewer...

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