Condemnation of McCoy Property

UHLER, J.,

This case is before the court on petitioner’s motion to file preliminary objections nunc pro tunc. A hearing was held on this matter before the court on May 13, 1992.

The facts of the case disclose that on or about August 22,1991, the Conewago Township Sewer Authority sent a notice of the declaration of taking to the petitioners, James E. and Patricia M. McCoy. Petitioners acknowledge receipt of said notice on August 23, 1991. The notice of condemnation specifically stated that if the petitioners wished to challenge “the power and right of the authority to appropriate the condemned…