Borough of Duncansville v. Beard

OPINION BY

President Judge COLINS.

Richard G. Beard and Beth Ann Beard (Beards) appeal an order of the Court of Common Pleas of Blair County (trial court) that overruled and dismissed the preliminary objections the Beards filed to a declaration of taking that the Borough of Duncansville (Borough) filed, which sought to condemn a portion of the Beards’ property near the intersection of North Thirteenth Street and Vineyard Lane.

*329The issues the Beards raise in this appeal pertain mainly to questions involving the Borough’s authority under The Borough Code2 and the Eminent Domain Code3 to condemn…