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IN RE CONDEMNATION OF PROPERTY SITUATE

938 A.2d 517 (2007)

In the Matter of CONDEMNATION OF PROPERTY SITUATE IN PERRY TOWNSHIP, Fayette County, Pennsylvania By the Perry Township Supervisors For Perry Township Requirements Appeal of: Amos L. Rager and Roberta Rager.

Commonwealth Court of Pennsylvania.

Decided December 4, 2007.

Attorney(s) appearing for the Case

Thomas J. Dempsey, Pittsburgh, for appellants.

Donald J. McCue, Connellsville, for appellee, Perry Township Supervisors.

BEFORE: LEADBETTER, President Judge, and COLINS, Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge McGINLEY.

Amos and Roberta Rager (Condemnees) appeal from the order of the Court of Common Pleas of Fayette County (trial court) that dismissed their preliminary objections to the declaration of taking filed by Perry Township (Township).

On July 5, 2005, at a regular, duly-advertised meeting, Perry Township Supervisors adopted Resolution No.2005-03 which authorized the condemnation of Condemnees' vacant lot and building (Property) and directed...

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