Legal Opinion

Jennings v. Commonwealth

Commonwealth Court of Pennsylvania

Decided October 20, 1978No. Appeal, No. 244 Miscellaneous DocketPublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Judge Blatt,

The Pennsylvania Department of Transportation (PennDOT) has appealed from an interlocutory protective order in limine of the Court of Common Pleas of Allegheny County which prohibited it from introducing evidence of less than a total de facto taking in an eminent domain proceeding involving property owned by Charles E. and Mary Ann Jennings (Jennings). We allowed the appeal pursuant to Pa.R.A.P. 1311.

On June 9, 1975, the Jennings petitioned the court below for the appointment of viewers, as permitted by Section 502(e) of the Eminent Domain Code,1 (Code), 26 P.S.…

2Cases cited3 opinions

  1. Jacobs v. Nether Providence TownshipCommonwealth Court of Pennsylvania · 1972
  2. In re RamseyCommonwealth Court of Pennsylvania · 1975
  3. Benjamin & Fannie Kellman Trust Fund, Dart Supply, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1976

3Cited by10 opinions

  1. McGaffic v. Redevelopment Authority of New CastleCommonwealth Court of Pennsylvania · 1999
  2. Millcreek Township v. N.E.A. Cross CompanyCommonwealth Court of Pennsylvania · 1993
  3. Commonwealth, Department of Transportation v. YudacufskiCommonwealth Court of Pennsylvania · 1984
  4. Marx Stationery & Printing Co. v. Redevelopment Authority of PhiladelphiaCommonwealth Court of Pennsylvania · 1996
  5. Amoco Oil Co. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1996

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