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DELELIAH R. WERTS AND JOHN F. WERTS v. LUZERNE BOROUGH AUTHORITY (12/11/74)

decided: December 11, 1974.

DELELIAH R. WERTS AND JOHN F. WERTS, APPELLANTS,
v.
LUZERNE BOROUGH AUTHORITY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in case of Luzerne Borough Authority v. Deleliah R. Werts and John F. Werts, No. 260 of 1974.

COUNSEL

Frank Townend, for appellants.

Arthur L. Piccone, for appellee.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 15 Pa. Commw. Page 632]

As our Supreme Court has stated in Budget Laundry Co. v. Munter, 450 Pa. 13, 17, 298 A.2d 55, 56 (1972), "[t]his type of appeal provides maximum difficulty for an appellate court."

It arises out of the condemnation by the Borough of Luzerne of certain property of the appellants and the filing of a Declaration of Taking with the Court of Common Pleas of Luzerne County on January 15, 1974. On

[ 15 Pa. Commw. Page 633]

February 15, 1974, the condemnees, appellants herein, filed preliminary objections under Section 406 of the Eminent Domain Code, Act of June 22, 1964, P.L. 84, 26 P.S. ยง 1-406. The Borough then filed a praecipe on March 11, 1974, requesting that the case be placed on the next argument list. The case was listed for argument on April 16, 1974, and notice thereof was duly published in the Luzerne Legal Register on March 29 and April 5, 1974.

The Borough timely filed its argument brief pursuant to Local Rule 210 which states:

"Rule 210 Briefs Time for Furnishing

"(a) In any case listed for argument, the proponent must furnish copies of his brief to opposing counsel and each sitting judge no later than 4:00 p.m. on the Monday preceding the argument week. The opponent shall furnish his brief to the proponent and each sitting judge no later than 4:00 p.m. on the Wednesday of the week preceding argument week. Reply brief may be furnished at the time of argument. Copies for the court shall be filed with the Court Administrator.

"(b) If the proponent is not ready to proceed with brief or fails to answer the call of the list on the day of argument, the ...


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