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IN RE SUNOCO PIPELINE, L.P.

Nos. 1979 C.D. 2015, 1980 C.D. 2015, 1981 C.D. 2015.

143 A.3d 1000 (2016)

In re: Condemnation by SUNOCO PIPELINE, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, Propane, Liquid Petroleum Gas, and other Petroleum Products in the Township of North Middleton, Cumberland County, Pennsylvania, over the Lands of R. Scott Martin and Pamela S. Martin. Appeal of: R. Scott Martin and Pamela S. Martin. In re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, Propane, Liquid Petroleum Gas, and other Petroleum Products in the Township of North Middleton, Cumberland County, Pennsylvania, over the Lands of Douglas M. Fitzgerald and Lyndsey M. Fitzgerald. Appeal of: Douglas M. Fitzgerald and Lyndsey M. Fitzgerald. In re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, Propane, Liquid Petroleum Gas, and other Petroleum Products in the Township of North Middleton, Cumberland County, Pennsylvania, over the Lands of Harvey A. Nickey and Anna M. Nickey. Appeal of: Harvey A. Nickey and Anna M. Nickey.

Commonwealth Court of Pennsylvania.

Decided July 14, 2016.

Attorney(s) appearing for the Case

Michael F. Faherty , Hershey, for appellants.

Christopher A. Lewis , Philadelphia, and Alan R. Boynton, Jr. , Harrisburg, for appellee.

BEFORE: MARY HANNAH LEAVITT, President Judge, RENÉE COHN JUBELIRER, Judge, ROBERT SIMPSON, Judge, P. KEVIN BROBSON, Judge, PATRICIA A. McCULLOUGH, Judge, ANNE E. COVEY, Judge, and MICHAEL H. WOJCIK, Judge.

OPINION

R. Scott Martin and Pamela S. Martin, Douglas M. Fitzgerald and Lyndsey M. Fitzgerald, and Harvey A. Nickey and Anna M. Nickey (Condemnees) appeal from the September 29, 2015 Order of the Court of Common Pleas of Cumberland County (common pleas) that overruled Condemnees' Preliminary Objections to Declarations...

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