Legal Opinion
Gardner v. Commonwealth
Commonwealth Court of Pennsylvania
Decided January 31, 1992No. 660 C.D. 1991PublishedCited by 11 opinions
1Opinion of the Court
PELLEGRINI, Judge.
Peggy Ann Gardner, Mary Jane Eckert and Barbara Judge (Landowners) appeal from an order of the Court of Common Pleas of Butler County (trial court) that sustained the preliminary objections of the Department of Environmental Resources (DER) and dismissed their Petition for Appointment of Viewers. The trial court reasoned that Landowners’ de facto taking claim was not ripe because an administrative remedy was “arguably” available. For the following reasons, we will affirm the trial court.
On January 18, 1967, DER’s predecessor agency, the Department of Forests and Waters…
2Cases cited9 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
- Consulting Engineers Council v. State Architects Licensure BoardSupreme Court of Pennsylvania · 1989
- Spicer v. Commonwealth, Department of Public WelfareCommonwealth Court of Pennsylvania · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gardner v. CommonwealthCommonwealth Court of Pennsylvania · 1995
- MacHipongo Land & Coal Co. v. CommonwealthSupreme Court of Pennsylvania · 1994
- MacHipongo Land & Coal Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1993
- MacHipongo Land & Coal Co. v. Commonwealth, Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1998
- Estate of Merriam v. Philadelphia Historical CommissionCommonwealth Court of Pennsylvania · 2001
6 more not listed; retrieve them via the Exa API.