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TOWNSHIP OF MILLCREEK v. ANGELA CRES TRUST

No. 88 C.D. 2010.

25 A.3d 1288 (2011)

TOWNSHIP OF MILLCREEK, Appellant v. ANGELA CRES TRUST OF JUNE 25, 1998.

Commonwealth Court of Pennsylvania.

Decided July 15, 2011.

Reargument Denied September 6, 2011.

Attorney(s) appearing for the Case

Evan E. Adair , Erie, for appellant.

Herbert Bass , Philadelphia, for appellee.

BEFORE: LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge LEAVITT.

Millcreek Township (Township) appeals an order of the Court of Common Pleas of Erie County (trial court) sustaining the preliminary objections of the Angela Cres Trust of June 25, 1998, (Trust) to the Township's condemnation of Trust land. The trial court held that the Township lacked authority under The Second Class Township Code1 to take an easement on Trust property for its proposed storm water management project...

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