MONTGOMERY COUNTY v. HEAL

Nos. 1975 C.D.2003, 1976 C.D.2003.

849 A.2d 282 (2004)

MONTGOMERY COUNTY v. Gordon B. HEAL, Jr. and Diane M. Heal, Appellants.

Commonwealth Court of Pennsylvania.

Decided May 11, 2004.


Attorney(s) appearing for the Case

Lisa Anne Sabatino, Philadelphia, for appellants.

Barbara Harrington Hladik, Norristown, for appellee.

BEFORE: McGINLEY, J., LEAVITT, J., and MIRARCHI, JR., Senior Judge.


OPINION BY Judge McGINLEY.

Gordon B. Heal, Jr., and Diane M. Heal (Landowners) appeal from the order of the Court of Common Pleas of Montgomery County (common pleas court) which denied their preliminary objections to two amended declarations of taking filed by the Montgomery County Board of Commissioners (County).

The County is a second class-A county located in southeastern Pennsylvania.1 In 1996, the County, through its planning...

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