Legal Opinion
In re Condemnation of Rights of Way & Easements Situate
Commonwealth Court of Pennsylvania
Decided July 18, 1988No. Appeal No. 1626 C.D. 1987PublishedCited by 2 opinions
1Opinion of the Court
Opinion by
Judge Barry,
Stanley Laszczynsky, the condemnee, appeals from an order of the Court of Common Pleas of Westmore*3land County awarding him $7000.00 in damages and $6124.30 for costs, fees and expenses.
In June of 1980, the Derry Township Municipal Authority filed a declaration of taking which appropriated a permanent easement in the condemnees property. The condemnor planned to construct and install a sewer line. A contractor did construct the sewer line; however, it was outside the condemned right of way. The condemnor never relinquished the easement obtained in the declaration of…
2Cases cited5 opinions
- Urban Redevelopment Authority v. BenkovitzCommonwealth Court of Pennsylvania · 1982
- Borough of Tamaqua v. KnepperCommonwealth Court of Pennsylvania · 1980
- Kelly v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1987
- Redevelopment Authority of Washington v. SepesyCommonwealth Court of Pennsylvania · 1987
- Trux Realty Co. v. Cranberry Municipal Sewer & Water AuthorityCommonwealth Court of Pennsylvania · 1973
3Cited by2 opinions
- Harborcreek Township v. RingCommonwealth Court of Pennsylvania · 1990
- In re Condemnation by the Redevelopment Authority, Pennsylvania Court of Common Pleas, Lawrence County2010