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R & J HOLDING v. REDEVELOPMENT AUTHORITY

885 A.2d 643 (2005)

R & J HOLDING COMPANY and RJ Florig Industrial Company, Inc. v. The REDEVELOPMENT AUTHORITY OF the COUNTY OF MONTGOMERY, Appellant R & J Holding Company and RJ Florig Industrial Company, Inc., Appellants v. The Redevelopment Authority of the County of Montgomery.

Commonwealth Court of Pennsylvania.

Decided October 26, 2005.

Attorney(s) appearing for the Case

Gilbert P. High, Jr., Norristown, for designated appellant, Redevelopment Authority of the County of Montgomery.

Richard L. Bazelon, Philadelphia, for appellees, R & J Holding Company and RJ Florig Industrial Company, Inc.

Joel P. Aaronson, Pittsburgh, for amicus curiae, Pennsylvania Association of Housing and Redevelopment Agencies.

BEFORE: COLINS, President Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

The Redevelopment Authority of the County of Montgomery (Authority) appeals from the order of the Court of Common Pleas of Montgomery County (trial court) that denied its Preliminary Objections and ordered the parties to apply for the appointment of a Board of Viewers to assess damage caused to R & J Holding's property. The trial court also denied the preliminary objections of R &...

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