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IN RE TP. OF LOWER MACUNGIE

717 A.2d 1105 (1998)

In re CONDEMNATION PROCEEDING BY THE TOWNSHIP OF LOWER MACUNGIE, LEHIGH COUNTY, Pennsylvania, to Acquire a Permanent Easement for the Construction, Operation and Maintenance of an Extension of Millcreek Road (T-498) and the Installation and Use of Public Utilities and Related Public Services. Appeal of EAST PENN SCHOOL DISTRICT, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 16, 1998.

Attorney(s) appearing for the Case

Marc S. Fisher, Allentown, for appellant.

Blake C. Marles, Allentown, for appellee.

Before COLINS, President Judge, LEADBETTER, J., and LORD, Senior Judge.

COLINS, President Judge.

The East Penn School District (school district) appeals from the January 23, 1997 order of the Court of Common Pleas of Lehigh County (common pleas court) denying the school district's preliminary objections to a declaration of taking by the Township of Lower Macungie (township).

On October 5, 1995, the township filed a declaration of taking for a portion of property (subject tract) owned by the school district and located at 6299...

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