IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

GARY D. WOLFE AND MARY O. WOLFE, : No. 586 MAL 2022 HUSBAND AND WIFE, : : Petitioners : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : READING BLUE MOUNTAIN AND : NORTHERN RAILROAD COMPANY, : : Respondents :

IN RE: CONDEMNATION OF LANDS OF : No. 587 MAL 2022 GARY D. WOLFE AND MARY O. WOLFE : POTTSVILLE PIKE, MUHLENBERG : TOWNSHIP : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court PETITION OF: GARY D. WOLFE AND : MARY O. WOLFE, HUSBAND AND WIFE :

ORDER

PER CURIAM AND NOW, this 27th day of June, 2023, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by petitioner, is:

Whether the Commonwealth Court erred by reversing the [trial court] where it held that the taking at issue was for a public purpose and based its decision on caselaw addressing the public use requirement for a condemnation under eminent domain powers created prior to the passage of the Property Rights Protection Act, 26 Pa. [C.S.] § 201, et seq.