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IN RE SOUTH WHITEHALL TP. AUTHORITY

873 A.2d 855 (2005)

In Re: Condemnation Proceeding by SOUTH WHITEHALL TOWNSHIP AUTHORITY, LEHIGH COUNTY, Pennsylvania to Acquire Sanitary Sewerage Easement, over, under and through 0.498 Acres of Lands Owned of Record by Alexander G. Tamerler Appeal of: Alexander G. Tamerler.

Commonwealth Court of Pennsylvania.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Kevin T. Fogerty, Allentown, for appellant.

Donald E. Wieand, Jr., for appellee.

BEFORE: COHN JUBELIRER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

Alexander G. Tamerler (Property Owner) appeals an order of the Court of Common Pleas of Lehigh County (trial court) granting South Whitehall Township Authority's (Condemnor) motion in limine to preclude evidence. Because we conclude we do not have jurisdiction, we quash the appeal.

Condemnor filed a Declaration of Taking (Declaration) for a sanitary sewer easement across lands owned by Property Owner. The Declaration was filed pursuant...

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