Legal Opinion
Harrington v. Commonwealth
Commonwealth Court of Pennsylvania
Decided February 21, 2002PublishedCited by 3 opinions
1Opinion of the Court
*671JIULIANTE, Senior Judge.
The Department of Transportation (DOT) appeals from the March 24, 2000 order of the Court of Common Pleas of Chester County (trial court) that overruled DOT’s preliminary objections to Elizabeth Harrington’s (Harrington’s) petition for appointment of a board of viewers for a de facto taking under Section 502(e) of the Eminent Domain Code (Code).2 In this case, we revisit the issue of what constitutes a change of grade sufficient to allow an action for a de facto taking under Section 612 of the Code,3 taking into consideration the seminal case on this issue, Daw v.…
2Cases cited6 opinions
- Commonwealth v. RichardsCommonwealth Court of Pennsylvania · 1989
- Condemnation of 2719, 2721 and 2711Commonwealth Court of Pennsylvania · 1975
- Tennis v. FedorwiczCommonwealth Court of Pennsylvania · 1991
- Daw v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 2001
- Tricker v. Pennsylvania Turnpike CommissionCommonwealth Court of Pennsylvania · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wyland v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2002
- McDonald v. Redevelopment Authority of Allegheny CountyCommonwealth Court of Pennsylvania · 2008
- Harrington v. CommonwealthCommonwealth Court of Pennsylvania · 2002