Legal Opinion

Daw v. Com., Dept. of Transp.

Commonwealth Court of Pennsylvania

Decided February 16, 2001PublishedCited by 10 opinions

1Opinion of the Court

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) overruling the Department’s preliminary objections to a petition for appointment of a board of viewers filed by Patricia F. Daw (Daw) to assess consequential damages under Section 612 of the Eminent Domain Code of Pennsylvania.1

Daw is the owner of property located along West Ingomar Road (Road), a two-*1209lane state route located in Allegheny County. The Daw property is contoured in such a way that the highest elevation…

2Cases cited5 opinions

  1. City of Pittsburgh v. GoldCommonwealth Court of Pennsylvania · 1978
  2. Capece v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1989
  3. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
  4. Borough of Dickson City v. MalleyCommonwealth Court of Pennsylvania · 1986
  5. Maurizi v. CommonwealthCommonwealth Court of Pennsylvania · 1995

3Cited by10 opinions

  1. J.M. McMaster and M.E. McMaster, h/w v. The Township of BensalemCommonwealth Court of Pennsylvania · 2017
  2. Poole v. Township of DistrictCommonwealth Court of Pennsylvania · 2004
  3. Pennsylvania Department of Public Welfare v. River Street AssociatesCommonwealth Court of Pennsylvania · 2002
  4. In Re: Condemnation by PennDOT, of Right-of-Way for SR 1032, Section B02, in the Borough of Rochester: Cronimet Corp. v. PennDOTCommonwealth Court of Pennsylvania · 2016
  5. Harrington v. CommonwealthCommonwealth Court of Pennsylvania · 2002

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