Legal Opinion
Township of O'Hara v. Condemnation of an Easement and Right of Way for Public Purposes
Commonwealth Court of Pennsylvania
Decided November 4, 2004PublishedCited by 3 opinions
1Opinion of the Court
OPINION BY
Judge COHN JUBELIRER.
C. Kent and Valerie L. May (Con-demnees) appeal an Order of the Court of Common Pleas of Allegheny County overruling their preliminary objections to an Amended Declaration of Taking filed by the Township of O’Hara (Township) for property Condemnees own in Fox Chapel Borough (Borough). 1 Condemnees argue that the trial court erred when it found that the Township has the power and authority to condemn property located outside of its municipal borders.
The Borough abuts the eastern portion of the Township along Crawford Lane. Because of this proximity, beginning in…
2Cases cited4 opinions
- Interstate Cemetery Co. AppealSupreme Court of Pennsylvania · 1966
- Simco Stores v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1974
- Olson v. Whitpain TownshipCommonwealth Court of Pennsylvania · 1991
- In re Condemnation by Penn Township, York County, of Right-Of-Way & Easements Over, Across & Through Tracts of Land Located in Penn Township, York CountyCommonwealth Court of Pennsylvania · 1997
3Cited by3 opinions
- Township of Millcreek v. Angela Cres Trust of June 25, 1998Commonwealth Court of Pennsylvania · 2011
- Township of O'Hara v. Condemnation of a Permanent Fee Simple Interest for Public Park & Recreation Area & Facilities of 4.65 AcresCommonwealth Court of Pennsylvania · 2006
- Gilbert v. Economy Borough Municipal AuthorityCommonwealth Court of Pennsylvania · 2007