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IN THE MATTER OF CONDEMNATION BY MUNICIPALITY OF PENN HILLS

870 A.2d 400 (2005)

In the Matter of: CONDEMNATION BY THE MUNICIPALITY OF PENN HILLS of Allegheny County of Certain 3.5 Acres Land Located in the Township of Wilkins, Allegheny County, Pennsylvania Being Copy of: Joseph and Enrichetta D'Andrea: their heirs, executors, administrators, successors, assigns or any other person found to have an interest in the property Appeal of Joseph and Enrichetta D'Andrea.

Commonwealth Court of Pennsylvania.

Decided March 11, 2005.

Attorney(s) appearing for the Case

William C. Kenny, Pittsburgh, for Joseph and Enrichetta D'Andrea.

William P. Bresnahan III, Pittsburgh, for the Municipality of Penn Hills.

BEFORE: PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Joseph and Enrichetta D'Andrea (Property Owners) appeal from the order of the Court of Common Pleas of Allegheny County, sustaining the Preliminary Objections filed by the Municipality of Penn Hills (Penn Hills) to their Amended Petition for Appointment of a Board of Viewers. Property Owners seek damages from Penn Hills as compensation for the period of time during which Penn Hills had prevailed in the trial court, which had enjoined...

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