Legal Opinion
In re Condemnation of Land at Rear of 700 Summit Avenue Jenkintown Pennsylvania
Commonwealth Court of Pennsylvania
Decided July 7, 2014PublishedCited by 3 opinions
1Opinion of the Court
OPINION BY
President Judge PELLEGRINI.
The Borough of Jenkintown (Borough) appeals the order of the Court of Common Pleas of Montgomery County (trial court) overruling the Borough’s preliminary objections to the Salem Baptist Church of Jenkintown (Church)’s petition for appointment of a board of viewers (petition), holding that the petition was not barred by the statute of limitations under the Eminent Domain Code (Code)1 or by the doctrine of laches. For the reasons that follow, we affirm.
I
In February 1998, the Borough filed a Declaration of Taking (Declaration) in the trial court, condemning…
2Cases cited5 opinions
- In Re Condemnation by City of Philadelphia of Leasehold of Airportels, Inc.Commonwealth Court of Pennsylvania · 1979
- Koter v. CosgroveCommonwealth Court of Pennsylvania · 2004
- In Re Condemn. of Permanent Right-Of-WayCommonwealth Court of Pennsylvania · 2005
- Redevelopment Authority v. SerafinCommonwealth Court of Pennsylvania · 1979
- Commonwealth v. YudacufskiCommonwealth Court of Pennsylvania · 1989
3Cited by3 opinions
- G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & Northern RR Co.Commonwealth Court of Pennsylvania · 2022
- In re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: Hershey's Mill Homeowners Assoc.Commonwealth Court of Pennsylvania · 2024
- In re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: Village of Quaker Homeowners Assoc.Commonwealth Court of Pennsylvania · 2024