Legal Opinion

Milford-Trumbauersville Area Sewer Authority v. Approximately 0.753 Acres of Land Known to be Property of McCarthy

Commonwealth Court of Pennsylvania

Decided June 1, 1976No. Appeal, No. 1002 C.D. 1975PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Judge Crumlish, Jr.,

Presently before us is the appeal of John A. M. McCarthy (Condemnee). Condemnee asks us to reverse an order of the Court of Common Pleas of Bucks County which dismissed his preliminary objections to a declaration of taking filed by the Milford Trumbauersville Area Sewer Authority (Condemnor). For the reasons hereinafter stated, we affirm.

Condemnee frames four issues for our resolution:

1. Can a court of common pleas overrule preliminary objections challenging adequacy and sufficiency of the bond of a condemnor without taking testimony?

2. Should a declaration of…

2Cases cited2 opinions

  1. Commonwealth v. AmbrosiaCommonwealth Court of Pennsylvania · 1976
  2. Faris AppealSupreme Court of Pennsylvania · 1969

3Cited by17 opinions

  1. West Whiteland Associates v. CommonwealthCommonwealth Court of Pennsylvania · 1997
  2. Rupel v. BluesteinSuperior Court of Pennsylvania · 1980
  3. Riehl v. Millcreek Township Sewer AuthorityCommonwealth Court of Pennsylvania · 1976
  4. Swartz v. Pittsburgh Public Parking AuthorityCommonwealth Court of Pennsylvania · 1981
  5. Szabo, S. v. PennDOT, Aplt.Supreme Court of Pennsylvania · 2019

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