Carroll Township v. Jones

Opinion by

Judge Craig,

Because we have permitted the appeal of an inter* locutory question certified by the Court of Common Pleas of Washington County, in an eminent domain proceeding initiated by a landowners ’ petition for appointment of viewers, which averred a de facto taking of their alleged right-of-way by Carroll Township’s demolition of a bridge across a creek, we must determine if the township bypassed the issue of the landowners’ alleged lack of right-of-way interest, when the township did not raise that question in preliminary objections to the petition for appointment of viewers.

The…