Legal Opinion

Nicoletti v. Allegheny County Airport Authority

Commonwealth Court of Pennsylvania

Decided January 20, 2004PublishedCited by 11 opinions

1Opinion of the Court

OPINION BY

Senior Judge KELLEY.

Carol M. Nicoletti (Condemnee) appeals from the order of the Court of Common Pleas of Allegheny County (trial court) overruling her preliminary objections to the Declaration of Taking filed by the Allegheny County Airport Authority (Authority) pursuant to the Pennsylvania Eminent Domain Code 1 and the Municipality Authorities Act of 1945. 2 We quash the appeal, vacate the trial court’s order, and dismiss the Declaration of Taking.

Condemnee owns the mineral rights in fee for a number of parcels of property located in Findlay Township, Allegheny County. Allegheny…

2Cases cited26 opinions

  1. Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
  2. Buffalo Township v. JonesSupreme Court of Pennsylvania · 2002
  3. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  4. Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
  5. Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Supreme Court of Pennsylvania · 1998

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3Cited by11 opinions

  1. Estate of MooreSuperior Court of Pennsylvania · 2005
  2. First Union National Bank v. Estate of ShevlinSuperior Court of Pennsylvania · 2006
  3. Middletown Township v. Lands of StoneCommonwealth Court of Pennsylvania · 2005
  4. In re Condemnation by Pennsylvania Turnpike CommissionCommonwealth Court of Pennsylvania · 2014
  5. Frank N. Shaffer Family Lp v. Zoning Hearing Bd. of Chanceford TownshipCommonwealth Court of Pennsylvania · 2009

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