Hall v. Middletown Township Delaware County Sewer Authority

Opinion by

Judge Rogers,

William E. Hall and Shirley H. Hall have appealed from an order of the Court of Common Pleas *183of Delaware County sustaining the preliminary objections of the Middletown Township Sewer Authority to their petition for the appointment of viewers.

The Halls are the owners, as tenants by the entirety, of land located in Middletown Township. Sometime in September, 1968, a construction contractor engaged by the Authority installed a sanitary sewer line in the Halls’ land. No declaration of taking had then been, or was ever later, filed by the Authority nor have the landowners…