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BORO. OF BOYERTOWN APPEAL

No. 26 Miscellaneous Docket No. 3.

77 Pa.Commw. 357 (1983)

Condemnation of Water Distribution Mains and Appurtenances Owned by Berkmont Industries, Inc., etc. Borough of Boyertown, Petitioner.

Commonwealth Court of Pennsylvania.

October 4, 1983.

Attorney(s) appearing for the Case

Robert I. Cottom, Matten and Cottom, for petitioner.

Raymond C. Schlegel, with him Carl F. Mogel and Karen Lee Turner, Mogel, Speidel and Roland, and J. Gregg Miller and Barbara H. Sagar, Pepper, Hamilton & Sheetz, for respondent.

Argued June 11, 1982, before Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., October 4, 1983:

The Borough of Boyertown (Borough) has appealed from an order of the Court of Common Pleas of Berks County dismissing the Borough's preliminary objections to a petition under Section 502(e) of the Eminent Domain Code1 for the appointment of a board of viewers. The petition had been filed by Berkmont Industries, Incorporated (Berkmont), and asserted that the Borough had committed a de...

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