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IN RE CONDEMNATION BY URBAN REDEVELOPMENT

823 A.2d 1086 (2003)

In the Matter of CONDEMNATION BY URBAN REDEVELOPMENT AUTHORITY OF PITTSBURGH of certain land in the 22nd Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area 51 (Federal North) being property of New Garden Realty Corporation; A Pennsylvania Corporation; Its Administrators, Executors, Successors, Assigns or any other persons found to have any interest in the property, Appeal of New Garden Theatre, Inc. In the matter of Condemnation by Urban Redevelopment Authority of Pittsburgh of certain land in the 22nd Ward of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area 51 (Federal North) being property of New Garden Realty Corporation; A Pennsylvania Corporation; Its Administrators, Executors, Successors, Assigns or any other persons found to have any interest in the property, Appeal of New Garden Realty Corporation.

Commonwealth Court of Pennsylvania.

Decided May 19, 2003.

Attorney(s) appearing for the Case

Peter N. Georgiades, Pittsburgh, for appellant.

Joel P. Aaronson, Pittsburgh, for appellee.

BEFORE: SMITH-RIBNER, Judge, FRIEDMAN, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

The New Garden Theatre, Inc. (New Garden Theatre) and the New Garden Realty Corporation (New Garden Realty) appeal from two orders of the Court of Common Pleas of Allegheny County. The first, of June 24, 1999, dismissed preliminary objections filed by New Garden Theatre to the declaration of taking filed by the Urban Redevelopment Authority of Pittsburgh (URA) on May 9, 1997 in regard to a...

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