DOWNINGTOWN A.S.D. v. DiFRANCESCO

No. 216 C.D. 1989.

125 Pa.Commw. 264 (1989)

557 A.2d 819

Downingtown Area School District, Appellant v. Wayne DiFrancesco et al., Appellees.

Commonwealth Court of Pennsylvania.

April 20, 1989.


Attorney(s) appearing for the Case

Guy Donatelli, with him, Theodore O. Rogers, and James E. McErlane, Lamb, Windle & McErlane, P.C., for appellant.

Robert W. Lentz, with him, Robert C.F. Willson, Lentz, Cantor, Kilgore & Massey, Ltd., for appellees.

Argued March 9, 1989, before Judges BARRY and PALLADINO (P.), and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, April 20, 1989:

Downingtown Area School District (District) appeals from a decision of the Court of Common Pleas of Chester County sustaining the preliminary objections of Wayne R. DiFrancesco to a declaration of taking by the District. We reverse.

It is not disputed that the District needed to construct a 600 pupil elementary school in West Bradford Township, one of the municipalities serviced by the District. The District's Board...

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