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IN RE CONDEMN. BY BOR. OF HANOVER OF LAND

No. 705 C.D. 2007.

950 A.2d 373 (2008)

In re CONDEMNATION BY the BOROUGH OF HANOVER OF LAND and Interests in Land Owned by Hanover Public School District also sometimes known as the Hanover Borough School District and School District of the Borough of Hanover in Hanover Borough, York County, Pennsylvania For Municipal Purposes Appeal of Borough of Hanover.

Commonwealth Court of Pennsylvania.

Decided June 6, 2008.

Attorney(s) appearing for the Case

Timothy J. Nieman, Harrisburg, for appellant.

Ronald M. Lucas, Harrisburg, for appellee.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge McGINLEY.

The Borough of Hanover (Borough) appeals from an order of the Court of Common Pleas of York County (common pleas court) that sustained the preliminary objections (P.O.s) of the Hanover Public School District (School District and/or District) and declared void the Borough's declaration of taking.

On January 2, 2007, the Borough filed a declaration of taking and alleged:

1. The Condemnor is the Borough of Hanover, a Borough...

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