Dames v. Pottstown Borough

Opinion by

Jacobs, J.,

In July 1966 the appellees in each case petitioned the Common Pleas Court of Montgomery County to ap*180point viewers, pursuant to §502(e) of the Eminent Domain Code, Act of June 22,1964, Special Sessions, P. L. 84, 26 P.S. §1-502. The court appointed viewers and the appellant filed preliminary objections in both cases alleging that the cause of action set forth in the petition was not properly the subject of condemnation proceedings, rather that the cause of action lay in an action of trespass. The Borough appeals from the orders of the court below dismissing its preliminary…