Reilly v. Commonwealth

Opinion by

Judge Mencer,

In Jacobs v. Nether Providence Township, 6 Pa. Commonwealth Ct. 594, 297 A. 2d 550 (1972), we held that *613the trial court faced with preliminary objections to a petition for appointment of a board of viewers in a de facto condemnation case must judicially determine as a threshold legal issue whether or not there has been a de facto “taking” or compensable injury within the meaning of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P. L. 84, as amended, 26 P.S. §1-101 et seq. Our Jacobs holding controls the present appeal.

Appellees own property in Luzerne…