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MIDDLETOWN TP. v. LANDS OF STONE

882 A.2d 1066 (2005)

MIDDLETOWN TOWNSHIP v. The LANDS OF Josef Seegar STONE, Executor of the Estate of Sara Seegar Stone, Deceased, Josef Seegar Stone and Francine Lida Stone, Executors of the Estate of Ezra C. Stone, a/k/a Ezra Stone, Deceased and Josef S. Stone and Francine Lida Stone Appeal of: Josef Seegar Stone Individually, and as Executor of the Estate of Sara Seegar Stone, and as one of the Estate of Ezra C. Stone. Middletown Township v. The Lands of Josef Seegar Stone, Executor of the Estate of Sara Seegar Stone, Deceased, Josef Seegar Stone and Francine Lida Stone, Executors of the Estate of Ezra C. Stone, a/k/a Ezra Stone, Deceased and Josef S. Stone and Francine Lida Stone Appeal of: Francine Lida Stone.

Commonwealth Court of Pennsylvania.

Argued September 13, 2005.

Attorney(s) appearing for the Case

Don F. Marshall, Newtown, for appellant, Josef Seegar Stone.

Gregg I. Adelman, Blue Bell and Stephen H. Green, Philadelphia, for appellee, Francine Lida Stone.

David F. Conn, Trevose, for appellee, Middletown Township.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

This case, which is before the Court a second time, involves a 175-acre farm in Bucks County (Property). The Property was partitioned by stipulated order filed in 1998. During a delay in the approvals and filings contemplated by the stipulated partition order, Middletown Township (Township) condemned the Property.

Currently, there are appeals from three different orders of the Court of Common Pleas of Bucks County (trial court) in...

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