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MIDDLETOWN TP. v. LANDS OF STONE

939 A.2d 331 (2007)

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.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Don F. Marshall, Esq., Nichole A. Blaschak, Esq., Stuckert & Yates, Newton, for Josef Seegar Stone.

David F. Conn, Esq., Edward Rudolph, Esq., Rudolph, Pizzo & Clarke, L.L.C., Trevose, for Middletown Township.

John Frazier Hunt, Esq., Hunt & Ayres, L.L.P., Philadelphia, for Estate of Ezra C. Stone.

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

MAJORITY OPINION

Chief Justice CAPPY.1

At issue in this matter is whether Middletown Township, a township of the second class, properly exercised the power of eminent domain in taking the Stone farm to provide public recreational space under the Second Class Township Code, 23 P.S. § 67201, when the Open Space Lands Act, 32 P.S. § 5008, prohibits second-class townships from exercising eminent domain in order to...

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