In re 1301 Filbert Ltd. Partnership

Opinion by

Judge Williams, Jr.,

In this case, an eminent domain appeal, the 1301 Filbert Limited Partnership (Partnership) seeks' reversal of a lower court order that dismissed its petition for a board of viewers to assess condemnation damages. The issue facing us, as it did the court below, is whether the actions of the City of Philadelphia (City), relative to a certain public project, destroyed the commercial viability of a hotel owned by the Partnership and thereby worked a de facto taking of the property. The lower court’s dismissal of the Partnership’s petition was on a determination that…