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LINDE ENTERPRISES v. LACKAWANNA RICER BASIN SEWER AUTHORITY

911 A.2d 658 (2006)

LINDE ENTERPRISES, INC. v. LACKAWANNA RIVER BASIN SEWER AUTHORITY, Appellant.

Commonwealth Court of Pennsylvania.

Decided November 22, 2006.

Attorney(s) appearing for the Case

William P. Bresnahan, Pittsburgh, for appellant.

Ronnie Jennifer Fischer, Honesdale, for appellee.

BEFORE: JAMES GARDNER COLINS, President Judge, and DORIS A. SMITH-RIBNER, Judge, and RENÉE COHN JUBELIRER, Judge.

OPINION BY President Judge COLINS.

The Lackawanna River Basin Sewer Authority (Authority) appeals from the order of the Wayne County Court of Common Pleas (trial court) that denied the Authority's preliminary objections (Preliminary Objections) and ordered the Board of Viewers to continue to function pursuant to the Pennsylvania Eminent Domain Code (Code).1

In June, 2005, Linde Enterprises, Inc. (Linde), owner of various parcels...

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