Legal Opinion

McCracken v. City of Philadelphia

Commonwealth Court of Pennsylvania

Decided November 1, 1982No. Appeals, Nos. 653 C.D. 1979 and 700 C.D. 1979PublishedCited by 26 opinions

1Opinion of the Court

Opinion by

President Judge Crumlish, Jr.,

The City of Philadelphia and the Commonwealth of Pennsylvania, Department of Transportation (DOT), appeal a Philadelphia County Common Pleas Court Order dismissing their preliminary objections and appointing a Board of View to assess damages in the de facto taking of property owned by John Mc-Cracken. We affirm.

*494In December of 1974, DOT began construction of Legislative Route 1000 (LR-1000), Section B-53,1 also known as Interstate 95. The construction of the highway itself occurred approximately one block east and south of the McCracken property;…

2Cases cited8 opinions

  1. Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
  2. Miller v. Beaver FallsSupreme Court of Pennsylvania · 1951
  3. Pidstawski v. South Whitehall TownshipCommonwealth Court of Pennsylvania · 1977
  4. In re 1301 Filbert Ltd. PartnershipCommonwealth Court of Pennsylvania · 1982
  5. Helms v. Chester Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1977

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

3Cited by26 opinions

  1. McGaffic v. RED. AUTH., CITY OF N. CASTLECommonwealth Court of Pennsylvania · 1988
  2. Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
  3. Holmes Protection of Pittsburgh, Inc. v. Port AuthorityCommonwealth Court of Pennsylvania · 1985
  4. Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 2008
  5. Berk v. Com., Dept. of Transp.Commonwealth Court of Pennsylvania · 1994

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

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