City of Philadelphia v. Sterling Metalware Co.

Opinion by

Judge Blatt,

The City of Philadelphia (City) appeals from the dismissal of its preliminary objections to a Petition *315for Appointment of a Board of View. The said petition, filed by the Sterling Metalware Company (appellee), alleges a “de facto taking” under Section 612 of the Eminent Domain Code (Code),1 and Court of Common Pleas of Philadelphia County found that sufficient evidence was presented by the appellee to establish a “de facto taking.” We agree.

The appellee owns a metal fabrication business located at 2536 North Reese Street, Philadelphia. In July 1975, the Mayor of…