TOBIN v. CENTRE TP.

No. 2166 C.D. 2007.

954 A.2d 741 (2008)

Michael T. TOBIN, Jr., Contractors v. CENTRE TOWNSHIP. Michael T. Tobin, Jr. and Kenneth Styer v. Centre Township. Appeal of Board of Supervisors of Centre Township.

Commonwealth Court of Pennsylvania.

Decided July 31, 2008.


Attorney(s) appearing for the Case

Joan E. London, Wyomissing, for appellant.

Stephen T. Carpenito, Ashland, for appellee.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.


OPINION BY Judge LEAVITT.

Centre Township (Township) appeals an order of the Court of Common Pleas of Berks County (trial court) appointing a board of viewers under the Eminent Domain Code1 to determine damages caused by the Township's de facto taking. The trial court denied the Township's preliminary objections to a petition for appointment of board of viewers filed by Michael T. Tobin, Jr., Kenneth Styer, and Michael T. Tobin...

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