WYOMING BORO. v. WYCO REALTY CO. ET AL.

No. 3126 C.D. 1980.

64 Pa.Commw. 459 (1982)

Wyoming Borough, Appellant v. Wyco Realty Co., Bernard Bartoli and David Marchesini and Eve Marchesini, his wife, Appellees.

Commonwealth Court of Pennsylvania.

February 5, 1982.


Attorney(s) appearing for the Case

William F. Anzalone, Hourigan, Kluger & Spohrer Associates, for appellant.

Joseph C. Giebus, for appellees.

Argued November 19, 1981, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.


OPINION BY JUDGE MENCER, February 5, 1982:

In this eminent domain case, Wyoming Borough has appealed from an order of the Court of Common Pleas of Luzerne County which overruled the Borough's preliminary objections to a petition for the appointment of viewers filed by Wyco Realty Company, Bernard Bartoli, David Marchesini and Eve Marchesini (Wyco).

Wyco Realty Company purchased a 49.32-acre parcel of land in Wyoming Borough in 1961, and Bernard Bartoli purchased...

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