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IN RE RIGHTS OF WAY IN TP. OF MT. PLEASANT

No. 1914 C.D. 2011.

47 A.3d 166 (2012)

In the Matter of: Condemnation of RIGHTS OF WAY AND EASEMENTS SITUATE IN THE TOWNSHIP OF MT. PLEASANT, County of Westmoreland, Commonwealth of Pennsylvania, by the Mt. Pleasant Township Municipal Authority for Sewer Purposes. Name of Owners of Condemned Property: Malkan, Inc. and Raymond P. Alinic and Patricia Ann Alinic a/k/a Patricia A. Alinic, his wife. Appeal of: Malkan, Inc.

Commonwealth Court of Pennsylvania.

Decided June 6, 2012.

Attorney(s) appearing for the Case

Anthony M. Gianantonio , Pittsburgh, for appellant.

Robert P. Lightcap , Latrobe, for appellees Raymond P. Alinic and Patricia A. Alinic.

BEFORE: McGINLEY, Judge, and BROBSON, Judge, and COVEY, Judge.

OPINION BY Judge BROBSON.

This is an appeal from a decision of the Court of Common Pleas of Westmoreland County (trial court), sustaining Raymond and Patricia Alincics' (collectively, the Alincics) preliminary objections to Mt. Pleasant Township Municipal Authority's (Township) Declaration of Taking. For the reasons set forth below, we affirm.

This condemnation proceeding is pursuant to the Eminent Domain Code, 26 Pa. C.S. §§ 101-1106 (the Code)...

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