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IN RE REDEVELOPMENT AUTHORITY OF ALLENTOWN

No. 201 C.D. 2011

31 A.3d 321 (2011)

In re: Condemnation by the REDEVELOPMENT AUTHORITY OF the CITY OF ALLENTOWN, Condemnor, of 332-348 North Front Street, Allentown, Lehigh County, Pennsylvania, Ribbon Works Partner, LLC, Condemnee. Appeal of: Redevelopment Authority of the City of Allentown.

Commonwealth Court of Pennsylvania.

Decided October 17, 2011.

Reargument Denied December 7, 2011.

Attorney(s) appearing for the Case

Catherine S. Beller Meinhart , Allentown, for appellant.

Daniel S. Coval, Jr. , Bala Cynwyd, for appellee.

BEFORE: SIMPSON, Judge, and BUTLER, Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge BUTLER.

The Redevelopment Authority of the City of Allentown (RACA) appeals from the January 13, 2011 order of the Court of Common Pleas of Lehigh County (trial court) sustaining Preliminary Objections filed by Ribbon Works Partners, LLC (Condemnee), and striking the Amended Declaration of Taking. There are four issues before the Court: (1) whether the trial court erred in determining that Section 302(e) of the Eminent Domain Code (Code), 26 Pa.C...

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