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IN RE CONDEMNATION BY CTY. OF ALLEGHENY

861 A.2d 387 (2004)

In re the CONDEMNATION by the County of Allegheny, OF a CERTAIN PARCEL OF LAND, IN the TOWNSHIP OF ROBINSON, ALLEGHENY COUNTY, now or formerly of Russell M. Keith and Susan L. Keith (Husband and Wife) for the construction of The Settler's Cabin Interchange Appeal of Russell M. Keith and Susan L. Keith, Husband & Wife.

Commonwealth Court of Pennsylvania.

Decided August 23, 2004.

Ordered Published November 10, 2004.

Attorney(s) appearing for the Case

Gregory A. Biernacki, Pittsburgh, for appellants.

Howard M. Louik, Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge and PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Senior Judge KELLEY.

Russell M. Keith and Susan L. Keith (Condemnees) appeal from the order of the Court of Common Pleas of Allegheny County (trial court) overruling their preliminary objections to the Declaration of Taking filed by the County of Allegheny (Condemnor) pursuant to the provisions of the Pennsylvania Eminent Domain Code.1 We affirm.

In 1962, Condemnees acquired a 22,051 square foot parcel of property located...

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