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TOWNSHIP OF O'HARA v. CONDEMNATION OF PERMANENT FEE

No. 331 C.D.2006.

910 A.2d 166 (2006)

TOWNSHIP OF O'HARA v. CONDEMNATION OF a PERMANENT FEE SIMPLE INTEREST FOR PUBLIC PARK AND RECREATION AREA AND FACILITIES OF 4.65 ACRES, MORE OR LESS IN O'HARA Township, Allegheny County, Pennsylvania, Over Lands of the Most Reverend Donald W. Wuerl, Roman Catholic Bishop of the Diocese of Pittsburgh, Pennsylvania, Trustee and St. Mary's Roman Catholic Congregation of Sharpsburg, the real party in interest, Appellants.

Commonwealth Court of Pennsylvania.

Decided November 9, 2006.

Attorney(s) appearing for the Case

William P. Bresnahan, Pittsburgh, for appellants.

Alexander W. Saksen, Pittsburgh, for appellee.

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

OPINION BY Judge LEADBETTER.

The Most Reverend Donald W. Wuerl, Roman Catholic Bishop of the Diocese of Pittsburgh, Pennsylvania, trustee, and St. Mary's Roman Catholic Congregation of Sharpsburg, the real party in interest,1 appeal from the order of the Court of Common Pleas of Allegheny County (common pleas), overruling their preliminary objections to the second amended declaration of taking...

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