In Re Condemnation by the Borough of Hanover of Land

OPINION BY

Judge McGINLEY.

The Borough of Hanover (Borough) appeals from an order of the Court of Common Pleas of York County (common pleas court) that sustained the preliminary objections (P.O.s) of the Hanover Public School District (School District and/or District) and declared void the Borough’s declaration of taking.

On January 2, 2007, the Borough filed a declaration of taking and alleged:

1. The Condemnor is the Borough of Hanover, a Borough duly created under the Borough Code (the “Borough”).

3. The Condemnor is provided generally with the power of eminent domain for the purpose of, among…