McCullough v. Commonwealth

Opinion by

Judge MacPhail,

Mr. McCullough (Appellant) appeals here from an order of the Court of Common Pleas of Philadelphia County which sustained the preliminary objection of the Pennsylvania Department of Transportation (DOT) to the jurisdiction of that court and transferred the case to this Court.

Appellant filed an action to quiet title in the court of common pleas alleging, inter alia, that he was the owner of an unencumbered fee in real estate known as 223-225 North 16th Street, Philadelphia, Pennsylvania; that in 1970 DOT condemned an easement for highway purposes with respect to those…