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IN RE CONDEMNATION OF CERTAIN PROPERTIES

822 A.2d 846 (2003)

In re CONDEMNATION by the City of Coatesville OF CERTAIN PROPERTIES AND PROPERTY INTERESTS FOR USE AS a PUBLIC GOLF COURSE and Related Facilities and for Other Recreational Purposes. Property 123 Mount Airy Road, Coatesville, PA 19320, Tax Parcel No. 38-2-29.1, (Valley Township) and Tax Parcel No. 28-9-91 (West Caln Township). Appeal of the City of Coatesville. Condemnation by the City of Coatesville of Certain Properties and Property Interests for Use as a Public Golf Course and Related Facilities and for Other Recreational Purposes. Property 123 Mount Airy Road, Coatesville, PA 19320 Tax Parcel No. 38-2-29.1 (Valley Township) and Tax Parcel No. 28-9-91 (West Caln Township) Richard A. Saha and Nancy K. Saha, h/w. Appeal of Richard A. Saha and Nancy K. Saha.

Commonwealth Court of Pennsylvania.

Decided April 7, 2003.

Reargument Denied May 29, 2003.

Attorney(s) appearing for the Case

Herbert Bass, Philadelphia and John S. Carnes, Jr., West Chester, for appellant, The City of Coatesville.

Scott Yaw, Malvern, for appellee, Saha.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and MIRARCHI, JR., Senior Judge.

Reargument En Banc Denied May 29, 2003.

OPINION BY Judge PELLEGRINI.1

Before us are the cross-appeals of the City of Coatesville (City) and Richard A. Saha and Nancy K. Saha (Condemnees) from an order of the Court of Common Pleas of Chester County (trial court) sustaining in part and overruling in part Condemnees' preliminary objections to the City's declarations of taking under the Eminent Domain Code.2

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