Legal Opinion

In re Condemnation by Penn Township, York County, of Right-Of-Way & Easements Over, Across & Through Tracts of Land Located in Penn Township, York County

Commonwealth Court of Pennsylvania

Decided November 18, 1997No. Nos. 71 C.D. 1997 and 82 C.D. 1997PublishedCited by 5 opinions

1Opinion of the Court

FLAHERTY, Judge.

Hanover Foods, Ine. (Hanover) and Doubleday Book and Music Club, Inc. (Doubleday), collectively Condemnees, appeal from an order of the Court of Common Pleas of York County (trial court) which dismissed their preliminary objections to the declaration of taking filed by Penn Township (Township). We affirm.

In 1990, six years before the Township filed the declaration of taking at issue, the Township adopted its comprehensive plan. The plan suggested numerous traffic improvement programs, including the improvement of Ridge and Wilson Avenues, which are located in the industrial…

2Cases cited9 opinions

  1. Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
  2. Pidstawski v. South Whitehall TownshipCommonwealth Court of Pennsylvania · 1977
  3. Olson v. Whitpain TownshipCommonwealth Court of Pennsylvania · 1991
  4. In re Condemnation by CommonwealthCommonwealth Court of Pennsylvania · 1975
  5. Speicher Condemnation AppealCommonwealth Court of Pennsylvania · 1981

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Condemnation of Real Estate by the Borough of AshlandCommonwealth Court of Pennsylvania · 2004
  2. In Re Condemnation by the Economy Borough Municipal AuthorityCommonwealth Court of Pennsylvania · 2003
  3. Township of O'Hara v. Condemnation of an Easement and Right of Way for Public PurposesCommonwealth Court of Pennsylvania · 2004
  4. Marple Township v. Marple Newtown School DistrictCommonwealth Court of Pennsylvania · 2004
  5. In re Condemnation by the City of Coatesville of Certain Properties & Property Interests for Use as a Public Golf Course, Pennsylvania Court of Common Pleas, Chester County2002

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