Legal Opinion

Condemnation of Property Located at 20 West Mahoning Street v. Commonwealth

Commonwealth Court of Pennsylvania

Decided March 13, 1989No. Appeal No. 2647 C.D. 1987PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Judge Smith,

Appellant Ruth lies (lies) appeals from the order of the Court of Common Pleas of Montour County which sustained preliminary objections raised by Appellees Borough of Danville (Borough) and the Pennsylvania Department of Transportation (DOT) to lies’ petition for appointment of viewers pursuant to Section 502(e) of the *160Eminent Domain Code.1 The sole issue presented for review is whether the trial court erred in finding that lies failed to establish a defacto taking.

lies, a Borough property owner, petitioned the trial court for appointment of viewers, seeking just…

2Cases cited3 opinions

  1. In re Condemnation of Premises 320 Crestview CircleCommonwealth Court of Pennsylvania · 1982
  2. R. & S. Millwork, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  3. Merrick AppealCommonwealth Court of Pennsylvania · 1982

3Cited by2 opinions

  1. City of Albuquerque v. Westland Development Co.New Mexico Court of Appeals · 1995
  2. Bowers v. Texas Eastern Transmission Corp.Commonwealth Court of Pennsylvania · 1992

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