URBAN REDEV. AUTH. OF PGH. APPEAL

No. 1259 C.D. 1982.

73 Pa.Commw. 251 (1983)

In the Matter of: Condemnation by Urban Redevelopment Authority of Pittsburgh of Certain Land in the Second, Third and Fifth Wards of City of Pittsburgh Etc. Urban Redevelopment Authority of Pittsburgh, Appellant.

Commonwealth Court of Pennsylvania.

April 5, 1983.


Attorney(s) appearing for the Case

Marion E. Popiel, for appellant.

Michael A. Della Vecchia, with him Roxanne S. Eichler, Evashavik, Capone & Della Vecchia, for appellees.

Argued March 3, 1983, before Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 5, 1983:

In this eminent domain case, the Urban Development Authority of Pittsburgh has appealed from an order of the Common Pleas Court of Allegheny County which, after a full hearing, dismissed its preliminary objections to a petition of Mr. and Mrs. James H. Rose alleging a de facto taking under section 502(e) of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1502(e).

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