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BLACKBURN ET UX. APPEAL

No. 2942 C.D. 1984.

98 Pa.Commw. 346 (1986)

511 A.2d 270

Petition of Burgess Blackburn and Helen V. Blackburn, his wife, for the Appointment of Viewers To Assess the Just Compensation Due Petitioners Arising From the De Facto Taking of Their Property in Indiana Township, County of Allegheny, Pennsylvania, by Deer Creek Drainage Basin Authority. Burgess Blackburn and Helen V. Blackburn, his wife, Appellants.

Commonwealth Court of Pennsylvania.

Argued March 14, 1986.

Attorney(s) appearing for the Case

John B. Barbour, for appellants.

David E. Johnson, Tarasi, Tighe, Tierney & Johnson, P.C., for appellee.

Before Judge CRAIG, and Senior Judges BLATT and KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, June 24, 1986:

Burgess and Helen Blackburn (appellants) appeal the order of the Common Pleas Court of Allegheny County which sustained the preliminary objections in the form of a demurrer of Deer Creek Drainage Authority (Authority), and dismissed appellants' petition for the appointment of viewers. We affirm.

Appellants filed a petition for appointment of viewers pursuant to Section 502(e) of the Eminent Domain Code (Code)...

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