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CAPECE ET AL. v. CITY OF PHILA

No. 1910 C.D. 1987.

123 Pa.Commw. 86 (1989)

552 A.2d 1147

Severino Capece and Mary Capece, Appellants v. City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

January 24, 1989.

Attorney(s) appearing for the Case

Kevin Weinstein, Master, Donsky, Soffian & Allen, for appellants.

Laureto A. Farinas, Assistant City Solicitor, for appellee.

Argued June 15, 1988, before Judge SMITH, and Senior Judges KALISH and NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, January 24, 1989:

Severino Capece and Mary Capece (Capeces) appeal from a decision of the Court of Common Pleas of Philadelphia County granting the Amended Preliminary Objections of the City of Philadelphia (City) and dismissing the Capeces' Petition for Appointment of a Board of View pursuant to the Pennsylvania Eminent Domain Code (Code).1

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