Parker Avenue, L.P. v. City of Philadelphia

OPINION BY

Judge ANNE E. COVEY.

The City of Philadelphia (Philadelphia) and Philadelphia City Council (City Council) (collectively, City) appeal from the Philadelphia County Common Pleas Court’s (trial court) May 28, 2014 orders overruling the City’s preliminary objections and granting Parker Avenue, L.P.’s (Parker Avenue) Petition for Appointment of a Board of Viewers (Petition). There are three issues before the Court: (1) whether the trial court erred in holding that City Council’s inherently discretionary inaction in not enacting legislation gave rise to a de facto taking; (2) whether the…