Legal Opinion
Capece v. City of Philadelphia
Commonwealth Court of Pennsylvania
Decided January 24, 1989No. Appeal 1910 C.D. 1987PublishedCited by 14 opinions
1Opinion of the Court
Opinion by
Senior Judge Narick,
Severino Capece and Mary Capece (Capeces) appeal from a decision of the Court of Common Pleas of Philadelphia County granting the Amended Preliminary Objections of the City of Philadelphia (City) and dismissing the Capeces’ Petition for Appointment of a Board of View pursuant to the Pennsylvania Eminent Domain Code (Code).
The Capeces filed a Petition for Appointment of a Board of View alleging that the City had effected a de facto condemnation of their property. The Capeces allege that during the summer of 1985 the City commenced work on a water main, sewer…
2Cases cited2 opinions
- Borough of Dickson City v. MalleyCommonwealth Court of Pennsylvania · 1986
- Oxford v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1986
3Cited by14 opinions
- Elser v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1994
- Daw v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 2001
- J.M. McMaster and M.E. McMaster, h/w v. The Township of BensalemCommonwealth Court of Pennsylvania · 2017
- Colombari v. Port Authority of Allegheny CountyCommonwealth Court of Pennsylvania · 2008
- Maurizi v. CommonwealthCommonwealth Court of Pennsylvania · 1995
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