Tamerler v. South Whitehall Township Authority

OPINION BY

Judge PELLEGRINI.

Alexander G. Tamerler (Condemnee) appeals from an order of the Court of Common Pleas of Lehigh County (trial court) contending that it erred as a matter of law in not holding that the South Whitehall Township Authority’s (Authority) condemnation of an “easement over, under and through” his property amounted to the taking of a fee simple interest and should have been awarded damages accordingly. For the following reasons, we affirm.

Condemnee owned 93 acres of land in South Whitehall Township and Upper Ma-cungie Township. Part of the property was a 16-acre parcel…