Legal Opinion
Newman v. Commonwealth, Department of Transportation
Commonwealth Court of Pennsylvania
Decided February 22, 2002PublishedCited by 11 opinions
1Opinion of the Court
SMITH-RIBNER, Judge.
The ° Department of Transportation (DOT) appeals from the order of the Court of Common Pleas of Allegheny County, which dismissed its preliminary objections in response to Joseph Newman’s petition under Section 502(e) of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-502(e), for the appointment of a board of viewers. 1 The sole issue raised by DOT is whether the temporary interference with access due to construction that does not permanently and substantially deprive the owner of the beneficial use and enjoyment of property…
2Cases cited8 opinions
- McGaffic v. RED. AUTH., CITY OF N. CASTLECommonwealth Court of Pennsylvania · 1988
- Truck Terminal Realty Co. v. CommonwealthSupreme Court of Pennsylvania · 1979
- Lehigh-Northampton Airport Authority v. WBF Associates, L.P.Commonwealth Court of Pennsylvania · 1999
- Elser v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1994
- Commonwealth v. RichardsCommonwealth Court of Pennsylvania · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 2008
- Nolen v. Newtown TownshipCommonwealth Court of Pennsylvania · 2004
- Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation AuthorityCommonwealth Court of Pennsylvania · 2006
- Tobin v. Centre TownshipCommonwealth Court of Pennsylvania · 2008
- Sienkiewicz v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2004
6 more not listed; retrieve them via the Exa API.