Township of O'Hara v. Condemnation of a Permanent Fee Simple Interest for Public Park & Recreation Area & Facilities of 4.65 Acres

*167OPINION BY

Judge LEADBETTER.

The Most Reverend Donald W. Wuerl, Roman Catholic Bishop of the Diocese of Pittsburgh, Pennsylvania, trustee, and St. Mary’s Roman Catholic Congregation of Sharpsburg, the real party in interest,1 appeal from the order of the Court of Common Pleas of Allegheny County (common pleas), overruling their preliminary objections to the second amended declaration of taking filed by O’Hara Township (Township) in order to take and use a portion of St. Mary’s property as a public park/athletic field. The primary issue on appeal is whether the Township has the authority to…