Legal Opinion

In re Condemnation Proceeding by South Whitehall Township Authority

Commonwealth Court of Pennsylvania

Decided May 4, 2005PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

Alexander G. Tamerler (Property Owner) appeals an order of the Court of Common Pleas of Lehigh County (trial court) granting South Whitehall Township Authority’s (Condemnor) motion in limine to preclude evidence. Because we conclude we do not have jurisdiction, we quash the appeal.

Condemnor filed a Declaration of Taking (Declaration) for a sanitary sewer easement across lands owned by Property Owner. The Declaration was filed pursuant to the authority granted Condemnor under South Whitehall Township Authority Resolution No. 2001-6-BOA. The Resolution provides for an…

2Cases cited4 opinions

  1. Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976
  2. In re Condemnation By The Pennsylvania Turnpike Commission of 14.38 Acres In Fee SimpleSupreme Court of Pennsylvania · 1997
  3. West Mifflin Area School District v. Board of Property Assessment AppealsCommonwealth Court of Pennsylvania · 2004
  4. Commonwealth, Department of Transportation v. ShartzerCommonwealth Court of Pennsylvania · 1986

3Cited by2 opinions

  1. In Re: Condemn by City of Phila. Airport Bus. Ctr.Supreme Court of Pennsylvania · 2026
  2. In Re: Condemnation by the City of Philadelphia of the Airport Business Center ~ Appeal of: City of PhiladelphiaCommonwealth Court of Pennsylvania · 2023

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