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O'BRIEN APPEAL (03/19/70)

decided: March 19, 1970.

O'BRIEN APPEAL


Appeal from order of Court of Common Pleas of Chester County, Nos. 306 and 307 of 1968, in re condemnation of 8.134 Acres more or less, situate in Upper Uwshlan Township, Chester County, Pennsylvania, property of Elizabeth C. O'Brien et ux. by Chester County Water Resources Authority for reservoir purposes.

COUNSEL

Thomas M. Twardowski, with him Thomas A. Riley, Jr., and Lentz, Riley, Cantor, Kilgore & Massey, for appellants.

Theodore O. Rogers, with him Susan P. Windle, and Rogers, Gentry, Windle & Lamb, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Spaulding, J., dissents. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 216 Pa. Super. Page 250]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of the lower court dismissing condemnees' preliminary objections to a condemnor's amended declaration of taking.

The Chester County Resources Authority (Condemnor) on July 12, 1968, filed declarations of taking for two parcels of property owned by Mr. and Mrs.

[ 216 Pa. Super. Page 251]

Frank O'Brien (Condemnees). Since Condemnor possessed no power of taxation, it filed its own bond without ...


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