Commonwealth v. Greenfield Township—Property Owners

I dissent from the majority’s affirming the trial court’s order of May 21, 1989 finding there was a de facto taking. I agree with the majority that the trial court’s order providing for additional damages be reversed.

On September 18, 1985, the Commonwealth of Pennsylvania, Department of Transportation (DOT), pursuant to the provisions of Article IV Section 402 of the Eminent Domain Code1 (Code) filed a declaration of taking, in fee simple, taking, inter alia, a portion of the real property of Dan F. DeMarco and Arlene DeMarco (DeMarco) located in North East, Erie County, Greenfield Township,…