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IN RE ECONOMY BOROUGH MUN. AUTHORITY

922 A.2d 77 (2007)

In re Condemnation by the ECONOMY BOROUGH MUNICIPAL AUTHORITY of property located at 1039 Big Sewickley Creek Road, County of Beaver, Economy Borough, Pennsylvania, found at Beaver County Deed Book Volume 1218, page 306, for the Big Sewickley Creek Wastewater Treatment Plant Project, Phase ii. David W. Gilbert and Audrey J. Gilbert, husband and wife v. Economy Borough Municipal Authority, Appeal of David W. Gilbert and Audrey J. Gilbert.

Commonwealth Court of Pennsylvania.

Decided April 20, 2007.

Attorney(s) appearing for the Case

William P. Bresnahan and Michele Zappala Peck, Pittsburgh, for appellants.

John F. Salopek, Aliquippa, for appellee.

BEFORE: LEADBETTER, President Judge, SMITH-RIBNER, Judge (P.), FLAHERTY, Senior Judge.

OPINION BY Judge SMITH-RIBNER.

David W. and Audrey J. Gilbert (Gilberts) appeal from the order of the Court of Common Pleas of Beaver County dated August 2, 2006 overruling their preliminary objections to the preliminary objections filed by the Economy Borough Municipal Authority (Authority) to the Gilberts' petition for appointment of a board of viewers (petition for appointment) alleging a de facto taking. The Gilberts...

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