Legal Opinion
In Re Condemnation by the Commonwealth Department of Transportation of Certain Property
Commonwealth Court of Pennsylvania
Decided June 13, 2003PublishedCited by 14 opinions
1Opinion of the Court
OPINION BY
Judge SIMPSON.
Joseph E. Graff (Landowner) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (PennDOT) preliminary objections and dismissed Landowner’s petition for the appointment of viewers. Landowner asserts PennDOT’s expansion of a cart-way within the public right-of-way constituted a defacto taking. 1 We affirm.
Landowner owns property at the intersection of Route 65 and Kendall Avenue. Landowner operates his plumbing and heating business in a building on the prop erty. Landowner uses a portion…
2Cases cited12 opinions
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
- Condemnation of the Land & Property JacobsCommonwealth Court of Pennsylvania · 1980
- Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
- Lehigh-Northampton Airport Authority v. WBF Associates, L.P.Commonwealth Court of Pennsylvania · 1999
- Elser v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1994
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re: Mountaintop Area Joint Sanitary Authority C. DeLuca v. Mountaintop Area Joint Sanitary AuthorityCommonwealth Court of Pennsylvania · 2017
- Malpeli v. StateMontana Supreme Court · 2012
- Colombari v. Port Authority of Allegheny CountyCommonwealth Court of Pennsylvania · 2008
- Nolen v. Newtown TownshipCommonwealth Court of Pennsylvania · 2004
- In Re: Condemnation by PennDOT, of Right-of-Way for SR 1032, Section B02, in the Borough of Rochester: Cronimet Corp. v. PennDOTCommonwealth Court of Pennsylvania · 2016
9 more not listed; retrieve them via the Exa API.