In Re Condemn. of Permanent Right-Of-Way

OPINION BY

Judge SMITH-RIBNER.

The Tredyffrin Township Municipal Authority (Authority) appeals from the October 4, 2004 order of the Court of Common Pleas of Chester County sustaining the preliminary objections of the Newport Homeowners Association (Association) to the Authority’s Declaration of Taking, which was filed to acquire a portion of the Association’s private sewer system by power of eminent domain. The Authority asserts that the trial court erred in sustaining the preliminary objections because Section 5607 of the Municipality Authorities Act, as amended, 53 Pa.C.S. § 5607, grants a…