Hauser v. Borough of Lehighton

LAVELLE, P.J.,

Before the court are defendants’ preliminary objections in the nature of demurrers to the third amended complaint. Distilled from the demurrers emerges the sole issue — whether the owner of property, who acquires title after an alleged taking, has the right to seek condemnation damages.

The case has had a Byzantine procedural history as evidenced by the docket entries attached hereto.

The thrust of the third amended complaint is that, in August of 1972, defendants took plaintiffs’ land for various easements without payment of just compensation and the court should compel…