In Re a Condemnation Proceeding by South Whitehall Township

OPINION BY

Judge SIMPSON.

Esau Joseph and Labiby Joseph (Landowners) appeal from the order of the Court of Common Pleas of Lehigh County (trial court) that dismissed their preliminary objections to a declaration of taking filed by South Whitehall Township (Con-demnor). The issues in this case surround (i) the adequacy of the resolution and declaration of taking, and (ii) the allocation of the burden of proof before the trial court.

In response to water drainage problems, Engineers for Condemnor recommended placing storm water facilities on three small portions of Landowners’ property requiring a…