WESTMORELAND CO. AIRPORT A. APPEAL

Nos. 611 C.D. 1985 and 612 C.D. 1985.

96 Pa.Commw. 306 (1986)

507 A.2d 899

In Re: The Petition of Logan J. Harr, Jr. and Emma E. Harr, his wife, Tenants by the Entireties, for the Appointment of Viewers to ascertain damages to their land in Unity Township, Westmoreland County, Pennsylvania, by reason of use of and location of the Glide Path and Landing Approach of the Westmoreland County Airport Authority. Westmoreland County Airport Authority, Appellant. In Re: The Petition of Ronald J. Harr and Paula A. Harr, his wife, Tenants by the Entireties, for the Appointment of Viewers to ascertain damages to their land in Unity Township, Westmoreland County, Pennsylvania, by reason of use of and location of the Glide Path and Landing Approach of the Westmoreland County Airport Authority. Westmoreland County Airport Authority, Appellant.

Commonwealth Court of Pennsylvania.

April 9, 1986.


Attorney(s) appearing for the Case

Charles C. Mason, Jr., with him, Gene E. McDonald, Lightcap, McDonald, Moore & Mason, for appellant.

William J. Ober, Ober, Campfield, Ferraro & McCreary, for appellees.

Argued March 14, 1986, before Judge CRAIG, and Senior Judges BLATT and KALISH, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 9, 1986:

Westmoreland County Airport Authority appeals from an order of the Court of Common Pleas of Westmoreland County dismissing the authority's preliminary objections to homeowners' (Ronald J. and Paula A. Harr and Emma E. and Logan J. Harr, Jr.) petitions for the appointment of viewers alleging de facto eminent domain taking1 as a consequence...

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