Scafetta v. City of Chester

deFURIA, J.,

Plaintiffs attempted, by means of adroit pleading, to allege that the City of Chester, acting as a condemnor, injured four separate pieces of real estate in which plaintiffs had an interest. The City of Chester preliminarily objected to the four petitions for jury of view, and the objections were consolidated for argument and disposition.

The bases of the city’s objections are: Failure to aver a condemnation or taking by eminent domain and failure to state a cause of action compensable in eminent domain proceedings. The city avers that plaintiffs’ claim is in trespass, but was…