Legal Opinion

Carnegie Natural Gas Co. v. Braddock

Commonwealth Court of Pennsylvania

Decided September 12, 1991No. 322 C.D. 1991PublishedCited by 11 opinions

1Opinion of the Court

SILVESTRI, Senior Judge.

Before us is an appeal by Carnegie Natural Gas Company (Carnegie) from an order of the Court of Common Pleas of Greene County (trial court) dismissing Carnegie’s preliminary objections to the Petition for the Appointment of Viewers filed by Harry L. Braddock (Braddock) under the Eminent Domain Code (Code). 1

The history, pertinent to our review, is as follows. On May 26, 1898, Carnegie obtained a right of way to install a 10 inch pipeline for the transportation of oil and gas over the property now owned by Braddock. The right of way agreement for the 10 inch pipeline…

2Cases cited5 opinions

  1. Lund v. HeinrichSupreme Court of Pennsylvania · 1963
  2. Com., Dept. of Transp. v. MartinelliCommonwealth Court of Pennsylvania · 1989
  3. Erie Municipal Airport Authority v. AgostiniCommonwealth Court of Pennsylvania · 1989
  4. Louden v. Apollo Gas Co.Superior Court of Pennsylvania · 1980
  5. In re Condemnation by the Commonwealth, Department of Transportation of Right of Way, for Legislative Route 67045, Section 108 R/WCommonwealth Court of Pennsylvania · 1983

3Cited by11 opinions

  1. Poffenberger v. GoldsteinCommonwealth Court of Pennsylvania · 2001
  2. In Re Condemnation by the County of AlleghenyCommonwealth Court of Pennsylvania · 1993
  3. Capital Center Equities v. Estate of Gordon (In Re Capital Center Equities)United States Bankruptcy Court, E.D. Pennsylvania · 1992
  4. Hoyt v. ChristoforouSuperior Court of Pennsylvania · 1997
  5. United States v. JaconoCourt of Appeals for the Third Circuit · 2007

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