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IN RE DeFACTO COND. AND TAKING OF LANDS

No. 2043 C.D. 2008, No. 2120 C.D. 2008, No. 2121 C.D. 2008.

972 A.2d 576 (2009)

In re DeFACTO CONDEMNATION AND TAKING OF LANDS OF WBF ASSOCIATES, L.P. by Lehigh-Northampton Airport Authority Lehigh-Northampton Airport Authority WBF Associates, L.P. and C.T. Fuller n/k/a C. Thomas Fuller Lehigh-Northampton Airport Authority, Appellant In re DeFacto Condemnation and Taking of Lands of WBF Associates, L.P. by Lehigh-Northampton Airport Authority Appeal of WBF Associates, L.P. Lehigh-Northampton Airport Authority Lehigh Valley International Airport v. C.T. Fuller a/i/a C. Thomas Fuller and WBF Associates, L.P. Appeal of C.T. Fuller a/i/a C. Thomas Fuller.

Commonwealth Court of Pennsylvania.

Decided April 28, 2009.

Attorney(s) appearing for the Case

Michael D. Klein, Washington, DC, for designated appellant, Lehigh-Northampton Airport Authority.

Michael S. Hino, Berwyn, for appellee, C. Thomas Fuller.

Kevin T. Fogerty, Allentown, for appellee, WBF Associates, L.P.

BEFORE: COHN JUBELIRER, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

This eminent domain case was initiated on September 30, 1996, and is now before our court for the third time. The case concerns Lehigh-Northampton Airport Authority's (LNAA) de facto taking of property owned by WBF Associates, L.P. (WBF), which occurred as a result of LNAA's planned expansion of the Lehigh Valley International Airport (Airport). Currently before the court is LNAA's appeal from the October 10, 2008, entry of...

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