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IN RE CONDEMNATION PROCEEDING

No. 835 C.D.2007.

940 A.2d 624 (2008)

In re a CONDEMNATION PROCEEING BY SOUTH WHITEHALL TOWNSHIP AUTHORITY, Lehigh County, Pennsylvania to Acquire Sanitary Sewerage Easement, over, under and through 0.498 Acres of Lands Owned of Record by Alexander G. Tamerler Alexander G. Tamerler v. South Whitehall Township Authority, Appeal of Alexander G. Tamerler.

Commonwealth Court of Pennsylvania.

Decided January 8, 2008.

Attorney(s) appearing for the Case

Kevin T. Fogerty, Allentown, for appellant.

Donald E. Wieand, Jr., Lehigh Valley, for appellee.

BEFORE: McGINLEY, Judge, PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Alexander G. Tamerler (Condemnee) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) contending that it erred as a matter of law in not holding that the South Whitehall Township Authority's (Authority) condemnation of an "easement over, under and through" his property amounted to the taking of a fee simple interest and should have been awarded damages accordingly. For the following reasons, we affirm.

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