Legal Opinion
In re De Facto Condemnation ex rel. Commonwealth, Department of Transportation
Commonwealth Court of Pennsylvania
Decided May 11, 1994PublishedCited by 5 opinions
1Opinion of the Court
FRIEDMAN, Judge.
The Pennsylvania Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Berks County (trial court) which dismissed the Commonwealth’s preliminary objections to Scott Schaeffer Auto Center’s (Schaeffer) petition for appointment of a Board of Viewers and sustained Schaeffer’s preliminary objections to the Commonwealth’s preliminary objections.1
Schaeffer owns property and operates a business at the intersection of Monocacy Road and Route 422, a “T” intersection. In August of 1992, DOT erected a medial barrier on Route 422, eliminating left turns…
2Cases cited10 opinions
- State Ex Rel. State Highway Commission v. MeierSupreme Court of Missouri · 1965
- Hession Condemnation CaseSupreme Court of Pennsylvania · 1968
- Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
- Commonwealth v. RichardsCommonwealth Court of Pennsylvania · 1989
- Commonwealth v. Nod's Inc.Commonwealth Court of Pennsylvania · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ristvey v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2012
- Sienkiewicz v. COM. DEPT. OF TRANSP.Supreme Court of Pennsylvania · 2005
- In re Condemnation by the Delaware River Port AuthorityCommonwealth Court of Pennsylvania · 1995
- Sienkiewicz v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2004
- Sienkiewicz v. PennDOT, Pennsylvania Court of Common Pleas, Lackawanna County2003