Visco v. Commonwealth, Department of Transportation

Opinion by

Senior Judge Kalish,

This is an appeal from an order of the Court of Common Pleas of Philadelphia County sustaining the preliminary objections of the Pennsylvania Department of Transportation (DOT) and dismissing the petition of Eugene L. and Michael Visco (appellants) for the appointment of a board, of view.1

What we are concerned with in this case is a situation where a governmental agency such as DOT, although clothed with the power of eminent domain, but prior to its formal exercise, engaged in conduct which the property owner contends impinged upon the beneficial use of his…