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McGAFFIC v. CITY OF NEW CASTLE

No. 407 C.D. 2008.

973 A.2d 1047 (2009)

Robert W. McGAFFIC, Executor of the Estate of Eleanor L. McGaffic, Deceased, and Robert W. McGaffic, in his own right, and George G. Love v. CITY OF NEW CASTLE, Appellant.

Commonwealth Court of Pennsylvania.

Decided May 14, 2009.

Attorney(s) appearing for the Case

Samuel P. Kamin, Pittsburgh, for appellant.

Jonathan Solomon, New Castle, for appellee.

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

OPINION BY Judge SIMPSON.

In this interlocutory appeal by permission, the City of New Castle (City) seeks review of a verdict in favor of Robert W. McGaffic, Executor of the Estate of Eleanor L. McGaffic, Deceased, and Robert W. McGaffic, in his own right, and George G. Love (Property Owners), from a non-jury trial conducted in the Court of Common Pleas of Lawrence County (trial court). The bifurcated trial was limited to two questions: 1) whether the Property Owners...

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