Legal Opinion

In re Condemnation by Commonwealth, Department of Highways

Commonwealth Court of Pennsylvania

Decided February 17, 1976No. Appeal, No. 870 C.D. 1975PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Judge Crumlish, Jr.,

In this eminent domain case, the Commonwealth of Pennsylvania, Department of Transportation (Penn-DOT) appeals from an order of the Court of Common Pleas1 denying its motion for a new trial.

PennDOT, for highway purposes, condemned 26.83 acres of a 76.34 acre tract owned by the Borough of Warren (Borough), Warren County.

The subject premises were conveyed to Borough in 1934 by deed which, by a restriction, required Borough to use it for the purpose of establishing and maintaining public parks and recreation facilities, a municipal air*345port, and for such other…

2Cases cited6 opinions

  1. Town of Winchester v. CoxSupreme Court of Connecticut · 1942
  2. Stoner v. Metropolitan Edison Co.Supreme Court of Pennsylvania · 1970
  3. Arndt v. Central Cambria School DistrictCommonwealth Court of Pennsylvania · 1972
  4. Commonwealth v. FoxCommonwealth Court of Pennsylvania · 1974
  5. Commonwealth v. LutzCommonwealth Court of Pennsylvania · 1974

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

3Cited by2 opinions

  1. Amoco Oil Co. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1996
  2. Tank Car Corp. of America v. Springfield Twp.Commonwealth Court of Pennsylvania · 2023

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