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IN RE DE FACTO CONDEMNATION

903 A.2d 1192 (2006)

In re DE FACTO CONDEMNATION AND TAKING OF LANDS OF WBF ASSOCIATES, L.P. BY LEHIGH-NORTHAMPTON AIRPORT AUTHORITY. C. Thomas Fuller, Intervenor. Appeal of Lehigh-Northampton Airport Authority. In re De Facto Condemnation and Taking of Lands of WBF Associates, L.P. by Lehigh-Northampton Airport Authority. C. Thomas Fuller, Intervenor. Appeal of WBF Associates, L.P. In re De Facto Condemnation and Taking of Lands of WBF Associates, L.P. by Lehigh-Northampton Airport Authority. Appeal of C. Thomas Fuller, Intervenor.

Supreme Court of Pennsylvania.

Decided August 22, 2006.

Attorney(s) appearing for the Case

Carl Robert Shultz, Washington, DC, Charles James Fonzone, Allentown, Michael D. Klein, Pittsburgh, Frances Ann Fruhwirth, Allentown, for Lehigh-Northampton Airport Authority.

Kevin T. Fogerty, Allentown, for WBF Associates, L.P.

Michael Scott Hino, Berwyn, for C. Thomas Fuller.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice NEWMAN.

In these cross appeals, the Lehigh-Northampton Airport Authority (Airport Authority), appeals from an Order of the Commonwealth Court affirming in part and reversing in part an Order of the Lehigh County Court of Common Pleas (trial court). WBF Associates, L.P. (WBF) appeals from the same Order of the Commonwealth Court. C. Thomas Fuller (Fuller) cross-appeals in both instances. The subject of these appeals is the de facto...

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