IN RE CONDEMNATION REDEVELOPMENT AUTHORITY OF LAWRENCE CTY.

No. 1293 C.D. 2007, No. 1294 C.D. 2007, No. 1323 C.D. 2007, No. 1324 C.D. 2007

962 A.2d 1257 (2008)

In re CONDEMNATION BY the REDEVELOPMENT AUTHORITY OF LAWRENCE COUNTY, Pennsylvania in Fee Simple, ABSOLUTE TITLE OF LAND OF David C. HAMILTON situate in Neshannock Township, Lawrence County, Pennsylvania, being Parcel I.D. #25-168200 for the Millennium Park Redevelopment Project, Appeal of Estate of David C. Hamilton. In re Condemnation by the Redevelopment Authority of Lawrence County, Pennsylvania in Fee Simple, Absolute Title of Land of Thomas R. and Christy L. Whittaker situate in Neshannock Township, Lawrence County, Pennsylvania, being Parcel I.D. # 25-168201 and # 25-438301 for the Millennium Redevelopment Park Project, Appeal of Thomas R. Whittaker and Christy L. Whittaker. In re Condemnation by the Redevelopment Authority of Lawrence County, Pennsylvania in Fee Simple, Absolute Title of Land of David C. Hamilton, situate in Neshannock Township, Lawrence County, Pennsylvania, being Parcel I.D. #25-168200 for the Millennium Park Redevelopment Project, Appeal of Redevelopment Authority of Lawrence County In re Condemnation by the Redevelopment Authority of Lawrence County, Pennsylvania in Fee Simple, Absolute Title of Land of Thomas R. and Christy L. Whittaker, situate in Neshannock Township, Lawrence County, Pennsylvania, being Parcel I.D. # 25-168201 and # 25-438301 for the Millennium Redevelopment Park Project, Appeal of Redevelopment Authority of Lawrence County.

Commonwealth Court of Pennsylvania.

Decided December 22, 2008.


Attorney(s) appearing for the Case

Michael K. Parrish, Pittsburgh, for designated appellant, Estate of David C. Hamilton, Thomas R. Whittaker and Christy L. Whittaker.

Samuel P. Kamin, Pittsburgh, for appellee, Redevelopment Authority of Lawrence County.

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


OPINION BY President Judge LEADBETTER.

In consolidated appeals from separate condemnations, the Estate of David Hamilton, and Thomas R. Whittaker together with his wife, Christy L. Whittaker, challenge the order of the Court of Common Pleas of Lawrence County (trial court), which overruled in part their preliminary objections to the legality of the condemnations. In a cross-appeal, the condemnor, Redevelopment Authority of Lawrence County (RALC), challenges common...

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