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LOWER MAKEFIELD TP. v. LANDS OF DALGEWICZ

No. 789 C.D. 2009.

4 A.3d 1114 (2010)

LOWER MAKEFIELD TOWNSHIP, Appellant v. The LANDS OF Chester DALGEWICZ and Christine Dalgewicz, husband and wife; John E. Dalgewicz; Chester W. Dalgewicz, Jane Cichocki; Richard K. Dalgewicz and Christine K. Newman, of Lower Makefield Township, County of Bucks Commonwealth of Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided September 1, 2010.

Attorney(s) appearing for the Case

Allan D. Goulding, Jr. and Sean R. Sullivan , Morrisville, for appellant.

Marvin L. Wilenzik and James C. Crumlish, III , Blue Bell, for appellees, the Dalgewicz family.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and BUTLER, Judge.

OPINION BY Judge McGINLEY.

Lower Makefield Township (Township) appeals from the order of the Court of Common Pleas of Bucks County (trial court) which denied its motion for post trial relief following a jury verdict in this Eminent Domain case. The jury awarded the Dalgewicz family (Condemnees) $5,850,000 as just compensation for the taking of their 166-acre farm (Property) on December 6, 1996, for construction of a golf course.

On July 11, 2001...

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