Legal Opinion

In re the Condemnation by Township of Upper St. Clair

Commonwealth Court of Pennsylvania

Decided March 5, 1991No. 1727 C.D. 1990PublishedCited by 4 opinions

1Opinion of the Court

NARICK, Senior Judge.

Co-Executors of the estate of Mary Caldwell (Appellants) filed preliminary objections (POs) on April 18,1990 to Upper St. Clair Township’s (Appellee’s) declaration of taking. We affirm the trial court’s August 6, 1990 denial of those POs and a motion to amend the same.

The facts are as follows. On December 27, 1989, the developer of a proposed twenty-four lot subdivision and Appellee entered into an indemnification agreement. According to that agreement, the developer agreed to indemnify Appellee for the costs of condemning permanent easements for sewers and utilities on…

2Cases cited6 opinions

  1. Belovsky v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1947
  2. Washington Park, Inc. AppealSupreme Court of Pennsylvania · 1967
  3. Borough of Big Run v. ShawCommonwealth Court of Pennsylvania · 1975
  4. Riehl v. Millcreek Township Sewer AuthorityCommonwealth Court of Pennsylvania · 1976
  5. Commonwealth v. SchoddeCommonwealth Court of Pennsylvania · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Reading Area Water Authority v. Schuylkill River Greenway Ass'nSupreme Court of Pennsylvania · 2014
  2. In re Condemnation of Land Along Woodside Road as an Extension of Maplewood Drive in FrankstownCommonwealth Court of Pennsylvania · 1992
  3. Reading Area Water Authority v. Schuylkill River Greenway Ass'nCommonwealth Court of Pennsylvania · 2012
  4. In re Condemnation Proceeding, Pennsylvania Court of Common Pleas, Philadelphia County2014

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