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IN RE CONDEMNATION BY COUNTY OF BERKS

914 A.2d 962 (2007)

In re CONDEMNATION BY the COUNTY OF BERKS, a Third Class County, of Lands and all Improvements thereon for Public Recreation Places and Public Parks, Situate in the Township of Alsace and Lower Alsace, Berks County, Pennsylvania, Appeal of M.B. Investments.

Commonwealth Court of Pennsylvania.

Decided January 9, 2007.

Attorney(s) appearing for the Case

William F. Fox, Jr., Audubon, for appellant.

Jerry R. Richwine, Reading, for appellee.

BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge (P.), and FRIEDMAN, Judge.

OPINION BY Judge FRIEDMAN.

M.B. Investments (MB) appeals from the May 17, 2006, order of the Court of Common Pleas of Berks County (trial court) dismissing MB's preliminary objections to a declaration of taking filed by the County of Berks (County), a third class county, and sustaining the preliminary objections filed by the County. The trial court ruled that for purposes of the Eminent Domain Code (Code),1 MB lacked legal standing as...

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