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BALENT ET AL. v. CITY OF WILKES-BARRE

No. 2180 C.D. 1983.

89 Pa.Commw. 578 (1985)

Joseph J. Balent and George Barto, Appellants v. City of Wilkes-Barre, Appellee.

Commonwealth Court of Pennsylvania.

May 31, 1985.

Attorney(s) appearing for the Case

Mark A. Ciavarella, Jr., Lowery, Ciavarella & Rogers, for appellants.

Carl N. Frank, for appellee.

Argued December 10, 1984, before Judges ROGERS and COLINS and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, May 31, 1985:

Joseph Balent and George Barto (Appellants), appeal from the order of the Court of Common Pleas of Luzerne County, dismissing their Petition for the Appointment of a Board of Viewers.

Appellants were the owners of a building which was seriously damaged by fire and was demolished by the City of Wilkes-Barre (City) approximately twenty months after the fire. They contend that the demolition constituted a de facto

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