Opinion
Argued December 16, 1982
March 15, 1983.
Argued December 16, 1982, before Judges BLATT, CRAIG and DOYLE, sitting as a panel of three.
Appeal, No. 1007 C.D. 1980, from the Order of the Court of Common Pleas of Chester County in case of In Re: Condemnation of 39 East Gay Street, Borough of West Chester, County of Chester, Pennsylvania — Flora H. Friedman and Henry Friedman, her husband, and Ethel H. Ball and Harry Norman Ball, her husband, Plaintiffs v. The Redevelopment Authority of the County of Chester, Defendant, No. 12, Jury of View, 1979.
Declaration of Taking filed by Redevelopment Authority of the County of Chester, in Court of Common Pleas of Chester County. Preliminary objections filed. Preliminary objections dismissed. SUGERMAN, J. Condemnees appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Robert S. Gawthrop, Jr., Gawthrop, Greenwood Halsted, with him Carl K. Zucker, for appellants.
James E. McErlane, Lamb, Windle McErlane, P.C., for appellee.
Flora H. Friedman, Henry Friedman, Ethel H. Ball and Harry N. Ball (appellants) appeal here from an order of the Court of Common Pleas of Chester County which overruled their preliminary objections to an amended declaration of taking filed by the Redevelopment Authority of the County of Chester.
After a careful review of the record, we find that the trial court did not abuse its discretion and did not commit an error of law.
Our scope of review, here, is limited to a determination of whether or not the trial court abused its discretion or committed an error of law. Pidstawski v. South Whitehall Township, 33 Pa. Commw. 162, 380 A.2d 1322 (1977).
We will, therefore, affirm on the basis of the able opinion of Judge LEONARD SUGERMAN, which will be found at ___ Pa. D. C.3d ___(1982).
ORDER
AND NOW, this 15th day of March, 1983, the order of the Court of Common Pleas of Chester County in the above-captioned matter, is hereby affirmed.