Appeal from order of Court of Common Pleas of Montgomery County, No. 64-12645 of 1964, in case of Upper Dublin Township Authority v. Edward J. Piszek and Olga P. Piszek, his wife.
W. Charles Hogg, Jr., with him Walter V. McLaughlin, Jr., Richard H. Elliott, Samuel B. Fortenbaugh, Jr., Peter F. Baughman, and Clark, Ladner, Fortenbaugh & Young, and Waters, Fleer, Cooper & Gallagher, for appellants.
George F. Baer Appel, with him Elmer L. Menges, and Townsend, Elliott & Munson, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen.
Appellants, Edward and Olga Piszek, are owners of record of certain land in Springfield Township.
Appellee is a Municipal Authority formed under the Municipality Authorities Act of 1945, as amended, Act of May 2, 1945, P. L. 382, § 1 et seq., 53 P.S. § 301 et seq., by the Township of Upper Dublin.
On November 6, 1964, appellee filed a declaration of taking and bond under the Eminent Domain Code, condemning a portion of the property owned by appellants in Springfield Township for the purpose of obtaining land upon which to erect a sewage treatment works.
Appellants filed preliminary objections to the declaration of taking, alleging that the action of the Authority was ineffective because, inter alia, the declaration of taking was improperly captioned, the notice of
condemnation was improperly indexed, the condemning Authority was never properly formed, the enabling ordinance did not authorize the Authority to condemn land in another municipality, and the proposed use conflicted with zoning ordinances of Springfield Township.
With regard to the first two objections, when the declaration of taking was filed on November 6, 1964 it was not captioned "in rem" as required by the Eminent Domain Code (Act of June 22, 1964, P. L. 84, § 402(b), 26 P.S. § 1-402(b)), and when the notice of condemnation was filed it was improperly indexed, the condemnor being shown as grantor and not grantee, contrary to the Eminent ...