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BEAR CREEK TP. v. RIEBEL

No. 72 C.D. 2011.

37 A.3d 64 (2012)

BEAR CREEK TOWNSHIP v. Joan H. RIEBEL, Harold J. Harris and Brian W. Harris and Metropolitan Development Group, Inc. Appeal of Joan H. Riebel, Harold J. Harris, and Brian W. Harris.

Commonwealth Court of Pennsylvania.

Decided February 13, 2012.

Attorney(s) appearing for the Case

Richard S. Bishop , Kingston, for appellants.

William E. Vinsko, Jr. , Wilkes-Barre, for appellee.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Joan H. Riebel, Harold J. Harris, and Brian W. Harris (Landowners) appeal an order of the Court of Common Pleas of Luzerne County (trial court) that overruled their key preliminary objection to Bear Creek Township's (Township) Declaration of Taking.2 The trial court held that the Township's taking of land for a charter school and a recreational area was authorized by The...

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