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WAGNER v. BOROUGH OF RAINSBURG

714 A.2d 1164 (1998)

Donald WAGNER and Rosemary Wagner, Husband and Wife, Appellants, v. BOROUGH OF RAINSBURG; Trudy Cessna Beegle, as Mayor and Chief of Police of Rainsburg Borough, and as an Individual, et al.

Commonwealth Court of Pennsylvania.

Decided July 17, 1998.

Attorney(s) appearing for the Case

Dwight G. Diehl, Bedford, for appellants.

Dean A. Crabtree, Bedford, for appellees.

Before SMITH and FRIEDMAN, JJ., and McCLOSKEY, Senior Judge.

SMITH, Judge.

Donald and Rosemary Wagner appeal from the order of the Court of Common Pleas of Bedford County that sustained the preliminary objections in the nature of a demurrer filed by the Borough of Rainsburg et al. (Borough) and dismissed the Wagners' complaint in trespass against the Borough. The Wagners question the trial court's conclusion that they had to proceed against the Borough under the Eminent Domain Code1 (Code) and that...

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