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BOROUGH OF DUNCANSVILLE v. BEARD

919 A.2d 327 (2007)

BOROUGH OF DUNCANSVILLE v. Richard G. BEARD and Beth Ann Beard, Appellants.

Commonwealth Court of Pennsylvania.

Decided March 7, 2007.

Reargument Denied April 25, 2007.

Attorney(s) appearing for the Case

Bradley D. Allison, Bedford, for appellants.

Michael S. Emerick, Duncansville, for appellee.

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

OPINION BY President Judge COLINS.

Richard G. Beard and Beth Ann Beard (Beards) appeal an order of the Court of Common Pleas of Blair County (trial court) that overruled and dismissed the preliminary objections the Beards filed to a declaration of taking that the Borough of Duncansville (Borough) filed, which sought to condemn a portion of the Beards' property near the intersection of North Thirteenth Street and Vineyard Lane.

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