In re Property Situate Along Pine Road Owned by Krauss

LORD, Senior Judge.

Walter and Catherine Krauss appeal a common pleas court order sustaining Boyertown Borough’s preliminary objections to the Krausses’ petition for appointment of viewers, which was brought pursuant to section 502 of Article V, the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. §§ 1-101 — 1-903. We reverse.

In 1964, the Krausses acquired the subject property and, according to the averments of their petition, subdivided a portion of it some five years later. They also entered into an oral lease of one subdivision lot. The township issued…