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SCRANTON SEWER AUTH. APPEAL.

No. 572 C. D. 1988.

120 Pa.Commw. 525 (1988)

549 A.2d 249

In Re: Condemnation of Lands in The Second Ward of The City of Scranton by The Sewer Authority of The City of Scranton, Pennsylvania, Consisting of .6 Acres of Land for Access Road Easement for Riebe Construction Company. Scranton Sewer Authority, Appellant.

Commonwealth Court of Pennsylvania.

October 20, 1988.

Attorney(s) appearing for the Case

Arthur J. Rinaldi, Rinaldi & Rinaldi, for appellant.

Peter J. Comerota, for appellee.

Submitted on briefs September 15, 1988, to Judges COLINS and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, October 20, 1988:

This is an appeal from an order of the Court of Common Pleas of Lackawanna County, striking condemnor's petition to discontinue the condemnation proceeding. We affirm.

On July 17, 1985, condemnor, Scranton Sewer Authority, filed a Declaration of Taking condemning a certain parcel of property owned by condemnee, Riebe Construction Company. The purpose...

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