Bear Creek Township v. Riebel

OPINION BY

Judge LEAVITT.

Joan H. Riebel, Harold J. Harris, and Brian W. Harris (Landowners) appeal an order of the Court of Common Pleas of Luzerne County (trial court) that overruled their key preliminary objection to Bear Creek Township’s (Township) Declaration of Taking. 2 The trial court held that the Township’s taking of land for a charter school and a recreational area was authorized by The Second Class Township Code. 3 Concluding that the legislature did not confer power upon the Township to condemn land to be used primarily for a charter school, we reverse the trial court.

At issue are…