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TOWNSHIP OF CORNPLANTER v. MCGREGOR

745 A.2d 725 (2000)

TOWNSHIP OF CORNPLANTER, Condemnor, Appellant, v. Steven M. McGREGOR and Becky McGregor, Condemnees.

Commonwealth Court of Pennsylvania.

Decided February 4, 2000.

Attorney(s) appearing for the Case

John E. McFate, Oil City, for appellant.

Henry W. Gent, Jr., Franklin, for appellees.

Before McGINLEY, J., KELLEY, J., and JIULIANTE, Senior Judge.

KELLEY, Judge.

The Township of Cornplanter (Township) appeals from the order of the Court of Common Pleas of Venango County (trial court) sustaining in part and overruling in part the preliminary objections of Steven M. McGregor and Becky McGregor (Landowners) to the Declaration of Taking filed by the Township. We reverse.

Landowners own a 9.485-acre parcel of land in the Township. Landowners purchased the parcel on January 10, 1997. On November 17, 1997,...

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