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WILLIAM E. HALL AND SHIRLEY H. HALL v. MIDDLETOWN TOWNSHIP DELAWARE COUNTY SEWER AUTHORITY (06/24/83)

decided: June 24, 1983.

WILLIAM E. HALL AND SHIRLEY H. HALL, APPELLANTS
v.
THE MIDDLETOWN TOWNSHIP DELAWARE COUNTY SEWER AUTHORITY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of William E. Hall and Shirley H. Hall v. The Middletown Township, Delaware County Sewer Authority, No. 81-15745.

COUNSEL

Read Rocap, Jr., Rocap, Rocap & Giunta, for appellants.

Glenn Diehl, with him Robert B. Surrick, of counsel, Levy & Surrick, for appellee.

Judges Rogers, Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 75 Pa. Commw. Page 182]

William E. Hall and Shirley H. Hall have appealed from an order of the Court of Common Pleas

[ 75 Pa. Commw. Page 183]

    of Delaware County sustaining the preliminary objections of the Middletown Township Sewer Authority to their petition for the appointment of viewers.

The Halls are the owners, as tenants by the entirety, of land located in Middletown Township. Sometime in September, 1968, a construction contractor engaged by the Authority installed a sanitary sewer line in the Halls' land. No declaration of taking had then been, or was ever later, filed by the Authority nor have the landowners been paid any compensation for the construction of the sewer on their land.

The Halls filed their petition for the appointment of viewers on October 27, 1981. The Authority filed a preliminary objection contending that the petition for viewers was untimely filed because the six-year statute of limitations for filing a petition for the appointment of viewers for the assessment of damages for condemnation or compensable injury provided by Section 524 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. ยง 1-524, had long since expired. The Halls filed an Answer and New Matter to which the Authority filed a Reply to New Matter.

Section 524 of the Eminent Domain Code provided:*fn1

A petition for the appointment of viewers for the assessment of damages for a condemnation or compensable injury may not be filed after the ...


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