Legal Opinion

Guttha v. Commonwealth, Department of Transportation

Commonwealth Court of Pennsylvania

Decided April 11, 2005PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY

Judge LEAVITT.

Rajkumar Guttha (Guttha) appeals an order of the Court of Common Pleas of Montgomery County (trial court), which was entered in an eminent domain case. Guttha, as proprietor of a business with a leasehold interest in condemned property, filed a petition for the appointment of a board of viewers. The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), filed preliminary objections to Guttha’s petition, and the trial court sustained the objections.

On August 18, 2003, PennDOT filed a declaration of taking to condemn, in its entirety, property located at…

2Cases cited18 opinions

  1. Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
  2. Capek v. DevitoSupreme Court of Pennsylvania · 2001
  3. Jacobs v. Nether Providence TownshipCommonwealth Court of Pennsylvania · 1972
  4. Hahn v. Atlantic Richfield Co.Court of Appeals for the Third Circuit · 1980
  5. Scholl's AppealSupreme Court of Pennsylvania · 1927

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3Cited by6 opinions

  1. Town of Kearny v. Discount City of Old Bridge, Inc.Supreme Court of New Jersey · 2011
  2. In Re: Condemnation by Sunoco Pipeline, L.P. -- Appeal of: R. Blume and D. BlumeCommonwealth Court of Pennsylvania · 2017
  3. In Re: Condemnation by the Twp. of Blythe ~ Appeal of: J. FatulaCommonwealth Court of Pennsylvania · 2020
  4. Lower Perkiomen Valley Regional Sewer Auth. v. Beyer, Pennsylvania Court of Common Pleas, Montgomery County2011
  5. Town of Kearny v. Discount City of Old Bridge, Inc.Supreme Court of New Jersey · 2011

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

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