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  5. 58 Pa.Commw. 321 (1981)
 

SPEICHER CONDEMNATION APPEAL.

Nos. 62 and 79 C.D. 1980.

58 Pa.Commw. 321 (1981)

In Re: Condemnation by the Township of Heidelberg for Footpath, Alleyway and Bridge Purposes, etc. Donald K. Speicher and Martha M. Speicher, his wife, Appellants. In Re: Condemnation by the Township of Heidelberg for Footpath, Alleyway and Bridge Purposes, etc. Harry Z. Fry and Hilda M. Fry, his wife, Appellants.

Commonwealth Court of Pennsylvania.

April 15, 1981.

Attorney(s) appearing for the Case

Raymond C. Schlegel, Balmer, Mogel, Speidel & Roland, for appellants, Donald K. Speicher and Martha M. Speicher, his wife.

Scott D. Keller, with him John A. Hoffert, Jr., Matten & Cottom, for appellants, Harry Z. Fry and Hilda M. Fry, his wife.

Scott L. Huyett, for appellee, Township of Heidelberg.

Argued February 5, 1981, before Judges BLATT, MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 15, 1981:

This is an appeal from an order of the Court of Common Pleas of Berks County dismissing the preliminary objections of Harry Z. Fry, Hilda M. Fry, his wife, Donald K. Speicher and Martha M. Speicher, his wife, (collectively, Condemnees) to the declaration of taking filed by the condemnor Township of Heidelberg.

In February, 1978, the Township of Heidelberg (Township), a second class township, filed a declaration of...

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