Legal Opinion

Commonwealth v. Richards

Commonwealth Court of Pennsylvania

Decided March 29, 1989No. Appeal 692 C.D. 1988PublishedCited by 20 opinions

1Opinion of the Court

Opinion by

Judge Doyle,

The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals an order of the Court of Common Pleas of Chester County dismissing its preliminary objections to the petition of William J. Richards, Jr. for the appointment of a Board of Viewers to assess damages in the alleged defacto taking of property owned by Richards.

The pertinent facts are as follows. Richards owns property abutting the north side of Legislative Route 131 in New Garden Township, Chester County. Route 131 runs east and west. In 1985, DOT repaved and changed the grade of Route 131. Before…

2Cases cited16 opinions

  1. Breidert v. Southern Pacific Co.California Supreme Court · 1964
  2. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  3. In re Melon StreetSupreme Court of Pennsylvania · 1897
  4. Hession Condemnation CaseSupreme Court of Pennsylvania · 1968
  5. Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966

11 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
  2. Elser v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1994
  3. Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 2008
  4. Newman v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2002
  5. Reynolds v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1990

15 more not listed; retrieve them via the Exa API.

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