Commonwealth v. Smoluk

Opinion by

Judge Doyle,

The Pennsylvania Department of Transportation (Department) appeals from the order of the Court of Common Pleas of Delaware County which dismissed the Departments preliminary objections to a petition alleging a de facto taking under Section 502(e) of the Eminent Domain Code.1

Ronald E and Margaret V. Smoluk are the present owners of a property located on the corner of Calcon Hook Road and Elmwood Avenue in Sharon Hill, Pennsylvania. Situated on the property, feeing Elmwood Avenue, is a single-femily residential dwelling in which the Smoluks currently reside. On October 15,…