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IN RE BOROUGH OF BLAKELY

No. 2313 C.D. 2010.

25 A.3d 458 (2011)

In Re: Condemnation by the BOROUGH OF BLAKELY, Lackawanna County, Pennsylvania. John R. Williams, Appellant v. Borough of Blakely.

Commonwealth Court of Pennsylvania.

Decided July 18, 2011.

Attorney(s) appearing for the Case

William P. Bresnahan , Pittsburgh, for appellant.

Edwin A. Abrahamsen , Scranton, for appellee.

BEFORE: SIMPSON, Judge, and McCULLOUGH, Judge (P), and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this eminent domain case, John R. Williams (Owner) appeals from an order of the Court of Common Pleas of Lackawanna County (trial court)1 that sustained Blakely Borough's (Borough) preliminary objections to Owner's petition for appointment of a board of viewers (petition for viewers) alleging the Borough effectuated a de facto taking of a portion of his property by installing a PVC drainage pipe that...

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