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APPEAL OF GAUS

531 Pa. 133 (1992)

611 A.2d 696

In the Matter of Taking by the Township of Indiana of Certain Property Located in Indiana Township, Allegheny County, Pennsylvania Being Property now Owned by James F. Gaus and Joanne C. Gaus, and Kenneth H. Bushman and Catherine V. Bushman, David H. Patterson, Mary M. Patterson, Robert L. Marsh, Sr. and Robert L. Marsh, Jr., Intervenors. Appeal of James F. GAUS and Joanne C. Gaus and Kenneth H. Bushman and Catherine V. Bushman.

Supreme Court of Pennsylvania.

Decided June 17, 1992.

Attorney(s) appearing for the Case

John G. Arch, Pittsburgh, for appellants.

David H. Patterson, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

McDERMOTT, Justice.

On October 4, 1988, appellants James and Joanne Gaus and Kenneth and Catherine Bushman filed a Petition for Appointment of Viewers, in which they alleged a taking of their property by the Township of Indiana. The alleged taking occurred following the grant by the Township of an easement for utility lines and accessories over land alleged to be in the ownership of appellants through operation of the Act of May 9, 1889, P.L. 173...

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