Legal Opinion

In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz

Commonwealth Court of Pennsylvania

Decided July 3, 2017No. In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz - 1747 C.D. 2016PublishedCited by 4 opinions

1Opinion of the Court

OPINION BY

SENIOR JUDGE PELLEGRINI

Charles S. Katz, Jr. and Karen M. Katz (Condemnees) appeal from the order of the Court of Common Pleas of Delaware County (trial court) overruling all of their preliminary objections to the declaration of taking filed by Condemnor Sunoco Pipeline, L.P. (Sunoco), which seeks to condemn easements on Condemnees’ property to facilitate construction of the phase of Sunoco’s Mariner East Project known as the Mariner East 2 pipeline.

I

To better understand the matter before us, a short review of takings law and a public utility corporation’s authority to take private…

2Cases cited13 opinions

  1. Belovsky v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1947
  2. Middletown Township v. Lands of StoneSupreme Court of Pennsylvania · 2007
  3. City of Philadelphia v. BermanCommonwealth Court of Pennsylvania · 2004
  4. Kramer AppealSupreme Court of Pennsylvania · 1970
  5. Robinson Township v. CommonwealthSupreme Court of Pennsylvania · 2016

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3Cited by4 opinions

  1. Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P.Commonwealth Court of Pennsylvania · 2018
  2. The Delaware Riverkeeper Network v. Sunoco Pipeline, L.P.Commonwealth Court of Pennsylvania · 2018
  3. In Re: Condemnation by Sunoco Pipeline L.P. of Permanent and Temporary Rights of Way and Easements ~ Appeal of: Andover HOA Inc.Commonwealth Court of Pennsylvania · 2017
  4. In Re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: E.S. GerhartCommonwealth Court of Pennsylvania · 2019

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