Amoco Oil Co. v. Commonwealth, Department of Transportation

While I concur with the majority on other issues, I respectfully dissent from the portion of the majority’s opinion holding that the trial court committed reversible error by permitting testimony as to the continued use of the non-condemned portion of the subject property.

Alice Weiss, the owner of property located in the Borough of Emsworth (Borough), leased it to Amoco Oil Company for use as a gasoline station. Under the Borough’s Zoning Ordinance, the property is within a B-2 Business District, which permits gasoline stations. However, the Zoning Ordinance, inter alia, requires a lot width…