Legal Opinion
Condemnation of Water Distribution Mains & Appurtenances
Commonwealth Court of Pennsylvania
Decided October 4, 1983No. Appeal, No. 26 Miscellaneous Docket No. 3PublishedCited by 14 opinions
1Opinion of the Court
Opinion by
Judge Williams, Jr.,
The Borough of Boyertown (Borough) has appealed from an order of the Court of Common Pleas of Berks County dismissing the Borough’s preliminary objections to a petition under Section 502(e) of the Eminent Domain Code1 for the appointment of a board of viewers. The petition had been filed by Berkmont Industries, Incorporated (Berkmont), and asserted that the Borough had committed a de facto taking as to certain property allegedly belonging to the petitioner.
The facts of this case are highly complex, and span a period of more than fifty years. Unlike the usual…
2Cases cited17 opinions
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- Griggs v. Allegheny CountySupreme Court of the United States · 1962
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Defeo v. SillDistrict Court, E.D. Pennsylvania · 1993
- Commonwealth v. Greenfield Township—Property OwnersCommonwealth Court of Pennsylvania · 1990
- German v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1996
- York City Redevelopment Authority v. Ohio Blenders, Inc.Commonwealth Court of Pennsylvania · 2008
- In re Condemnation by the Delaware River Port AuthorityCommonwealth Court of Pennsylvania · 1995
9 more not listed; retrieve them via the Exa API.