Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation Authority

OPINION

Justice SAYLOR.

This matter involves the assertion of a de facto condemnation arising from a public transit authority’s extensive construction work on one of its commuter rail lines.

I. Background

Appellee, John McElwee (“McElwee”), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant,…