Middletown Township v. Lands of Josef Seegar Stone

ORDER

AND NOW, this 28th day of April, 2006, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Whether the Commonwealth Court erred in affirming the Order of the Court of Common Pleas of Bucks County overruling [Josefs] Preliminary Objections to Middletown Township’s Declaration of Taking? In addressing this issue, the parties are directed to discuss whether the Open Space Lands Act, 32 P.S. § 5001 et seq., imposes any limitations on the exercise of eminent domain by townships; and specifically in this case; the authority of second class townships.