Township of Millcreek v. Angela Cres Trust of June 25, 1998

OPINION BY

Judge LEAVITT.

Millcreek Township (Township) appeals an order of the Court of Common Pleas of Erie County (trial court) sustaining the preliminary objections of the Angela Cres Trust of June 25, 1998, (Trust) to the Township’s condemnation of Trust land. The trial court held that the Township lacked authority under The Second Class Township Code 1 to take an easement on Trust property for its proposed storm water management project. Discerning no error in the trial court’s decision, we affirm.

In June 2005, the Township filed a Declaration of Taking to condemn Trust property, which…