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OCTORARA A.S.D. APPEAL

No. 1541 C.D. 1988.

124 Pa.Commw. 472 (1989)

556 A.2d 527

In Re: The Matter of Condemnation of Real Property of Naaman E. King by The Octorara Area School District. Octorara Area School District, Appellant.

Commonwealth Court of Pennsylvania.

March 29, 1989.

Attorney(s) appearing for the Case

Alan J. Jarvis, for appellant.

James H. Thomas, Blakinger, Byler, Thomas & Chillas, P.C., for appellee.

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

OPINION BY JUDGE PALLADINO, March 29, 1989:

Octorara Area School District (Appellant) appeals from a decision of the Court of Common Pleas of Chester County sustaining the preliminary objections of Naaman E. King to Appellant's declaration of taking.

Eight municipalities are included within the area served by Appellant, six in Chester County and two in Lancaster County. All of Appellant's schools are located on a 53 acre campus and include an elementary school...

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