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N. PENN WATER v. A CERTAIN PARC. OF LAND

168 Pa.Commw. 477 (1994)

650 A.2d 1197

NORTH PENN WATER AUTHORITY v. A CERTAIN PARCEL OF LAND IDENTIFIED BY LAST KNOWN OWNER AND TAX PARCEL NUMBER AS MICHAEL H. MALIN AND DOROTHY SEIMEL MALIN (BLOCK NO. 052, UNIT 043, TAX PARCEL NO.: 35-00-06040-00-9. Appeal of Michael H. MALIN and Dorothy Seimel Malin, Appellants.

Commonwealth Court of Pennsylvania.

Decided November 22, 1994.

Attorney(s) appearing for the Case

Michael H. Malin, for appellants.

Carl N. Weiner, for appellee.

Before COLINS, President Judge, and PELLEGRINI and NEWMAN, JJ.

PELLEGRINI, Judge.

Michael H. Malin and Dorothy Seimel Malin appeal the order of the Court of Common Pleas of Montgomery County (trial court) dismissing the Malins' preliminary objections to North Penn Water Authority's (North Penn) declaration of taking and granting North Penn a writ of possession.

In November of 1991, North Penn filed a declaration of taking for property owned by the Malins for the purpose of acquiring a permanent easement and right-of-way...

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