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CONDEMNATION BY VALLEY RURAL v. SHANHOLTZER

No. 144 C.D. 2009

982 A.2d 566 (2009)

CONDEMNATION BY VALLEY RURAL ELECTRIC COOPERATIVE, INC. v. Bruce E. SHANHOLTZER and Laura F. Shanholtzer, Roger E. Meinhart and Grace N. Meinhart, Andrew D. Martin and Cynthia D. Martin, Robert L. Shawver and Mildred F. Shawver, Troy D. Henson and Candice P. Henson, Milan Tomasevich, Jr., and Freida Tomasevich, Patrick H. Hughes and Mildred Hughes, James Armellei and Kathy Armellei, David M. Carman and Drema L. Carman, Greg S. Powell and Tracy S. Powell, John R. Figard and Trena L. Figard, Jerome C. Vodzak and Geraldine M. Vodzak, Dennis E. Hamil and Connie L. Hamil Appeal of: Roger E. Meinhart and Grace N. Meinhart.

Commonwealth Court of Pennsylvania.

Decided October 16, 2009.

Attorney(s) appearing for the Case

Charles B. Swigart, Huntingdon, for appellants.

David A. Ody, Huntingdon, for appellee, Valley Rural Electric Cooperative, Inc.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Before this Court is the appeal of Roger E. Meinhart and Grace N. Meinhart (together, Meinharts) from the order of the Court of Common Pleas of Huntingdon County (trial court) that denied Meinharts' preliminary objections to the Declaration of Taking of Valley Rural Electric Cooperative, Inc. (Valley Rural). Meinharts argue that the trial court erred in determining that Valley Rural was not required to apply to the Public Utilities...

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