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IN RE CONDEMNATION OF PROPERTY OF MARY H. WAITE IN PENN TOWNSHIP

163 Pa.Commw. 283 (1994)

641 A.2d 25

In re: Condemnation of Property of Mary H. Waite in Penn Township, Butler County, Pennsylvania by the Butler County Airport Authority for Facilities and Avigation Easement Purposes. Appeal of Mary H. WAITE, Appellant.

Commonwealth Court of Pennsylvania.

Decided April 8, 1994.

Reargument Denied May 12, 1994.

Attorney(s) appearing for the Case

Nancy J. Norkus, for appellant.

Charles F. Flach, III, for appellee.

Before SMITH and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

SMITH, Judge.

Mary H. Waite appeals from the order of the Court of Common Pleas of Butler County dismissing her preliminary objections to a declaration of taking filed by the Butler County Airport Authority (Authority). The issues raised on appeal are whether the trial court erred as a matter of law or abused its discretion in determining that Waite failed to meet her burden of proof; and whether the trial court erred in determining

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