County of Allegheny v. Church of Jesus Christ

Opinion by

Judge Crumlish, Jr.,

Preliminary Objections by the Church of Jesus Christ (Appellee) to the declaration of taking in eminent domain filed by the County of Allegheny (Appellant) were sustained by the Court of Common Pleas of Allegheny County.

This appeal followed, which we sustain and reverse the court below.

In May 1967, Appellee engaged the services of an architect and instructed him to prepare plans and specifications for the construction of a church to be erected on its Findlay Township site in Allegheny County, Pennsylvania. In May 1969, a construction contract was executed and…