Legal Opinion

Smith v. Commonwealth

Commonwealth Court of Pennsylvania

Decided June 4, 1976No. Appeal, No. 920 C.D. 1975PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Judge Rogers,

The history of this litigation is almost as complex and certainly as ill-starred as that of the Blue Route by which it was begotten.1 There is presently before us the appeal of landowners, Melville H. Smith, Jr. and Margaretta A. Smith, his wife, from an order of the Court of Common Pleas of Delaware County denying a prayer of the petition for leave to file nunc pro tunc preliminary objections to a Declaration of Taking filed by the Commonwealth of Pennsylvania by its Department of Transportation (PennDOT). The landowners say that the lower court abused its discretion…

2Cases cited2 opinions

  1. Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
  2. Nelis v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1972

3Cited by5 opinions

  1. Edgewood Building Co., Inc. AppealCommonwealth Court of Pennsylvania · 1979
  2. Condemnation of Property of McCoyCommonwealth Court of Pennsylvania · 1993
  3. Condemnation Proceeding in Rem by Hatfield TownshipCommonwealth Court of Pennsylvania · 1979
  4. Condemnation of McCoy Property, Pennsylvania Court of Common Pleas, York County1992
  5. In re Condemnation by the CommonwealthCommonwealth Court of Pennsylvania · 1987

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