Legal Opinion
In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOT
Commonwealth Court of Pennsylvania
Decided February 26, 2018No. 763 C.D. 2017PublishedCited by 8 opinions
1Opinion of the Court
OPINION BY JUDGE COHN JUBELIRER
Stewart M. Merritts, Jr. (Condemnee) appeals from the February 8, 2017 Order of the Court of Common Pleas of Blair County (trial court), which, in relevant part, overruled Condemnee's preliminary objections (POs) to the June 1, 2016 Declaration of Taking (Declaration) filed by the Commonwealth of Pennsylvania (Commonwealth), Department of Transportation (Department), to acquire a drainage easement and temporary construction easement on Condemnee's Property. 1 On appeal, Condemnee argues the trial court erred in denying his POs because: (1) the trial court should…
2Cases cited25 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
- Middletown Township v. Lands of StoneSupreme Court of Pennsylvania · 2007
20 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stewart Merritts, Jr. v. Leslie RichardsCourt of Appeals for the Third Circuit · 2023
- C.F. Hughes v. UGI Storage Co.Commonwealth Court of Pennsylvania · 2020
- In Re: Condemnation by Union Twp. ~ Appeal of: M.E. Mader & C.M. MaderCommonwealth Court of Pennsylvania · 2023
- In Re: Condemnation by the City of Philadelphia ~ Appeal of: 5250 Unruh Avenue AssociatesCommonwealth Court of Pennsylvania · 2020
- In Re: Condemnation by the City of Philadelphia ~ Appeal of: 5250 Unruh Avenue AssociatesCommonwealth Court of Pennsylvania · 2020
3 more not listed; retrieve them via the Exa API.