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HEMPFIELD TWP. APPEAL

No. 602 C.D. 1985.

102 Pa.Commw. 514 (1986)

518 A.2d 1314

In Re: Request by Hempfield Township for Appointment of a Board of Viewers in regard to the Property of Samuel Scott in the Route 30 West No. 1 Water District. Hempfield Township, Appellant.

Commonwealth Court of Pennsylvania.

December 19, 1986.

Attorney(s) appearing for the Case

Thomas J. Godlewski, with him, Daniel J. Hewitt, for appellant.

Dennis J. Gounley, with him, Emmett C. Boyle, Jr., for appellee, Samuel Scott.

Argued March 13, 1986, before Judges CRAIG and MacPHAIL, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 19, 1986:

Hempfield Township (Township), a second class township, appeals the order of the Court of Common Pleas of Westmoreland County (trial court), which sustained the preliminary objections of Samuel Scott, an owner of a certain property situate in the Township, and which dismissed the Township's petition for the appointment of a board of viewers to determine the benefit1 to Scott's property from a...

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