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RAWA. v. SCHUYLKILL RIVER GREENWAY ASS'N

No. 1423 C.D. 2011

50 A.3d 255 (2012)

READING AREA WATER AUTHORITY, Appellant v. The SCHUYLKILL RIVER GREENWAY ASSOCIATION and Bern Township.

Commonwealth Court of Pennsylvania.

Decided July 30, 2012.

Reconsideration Denied September 18, 2012.

Attorney(s) appearing for the Case

Nicole L. Plank and Matthew M. Setley , Wyomissing, for appellant.

Carl L. Engleman, Jr. , Reading, for appellee The Schuylkill River Greenway Association.

Josele Cleary , Lancaster, for appellee Bern Township.

BEFORE: LEADBETTER, Judge, and LEAVITT, Judge, and COLINS, Senior Judge.

OPINION BY Judge LEADBETTER.

The Reading Area Water Authority (RAWA) appeals from the order of the Court of Common Pleas of Berks County (trial court) sustaining the preliminary objections of Appellees, the Schuylkill River Greenway Association (the Greenway) and Bern Township (the Township), and dismissing the Declaration of Taking filed by RAWA. We reverse and remand.

This appeal arises from the condemnation of land in Bern Township, Berks County, for the...

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