Captline v. County of Allegheny

FRIEDMAN, Judge.

Carol M. Captline and Equibank, N.A., (together, Mazzaro), as co-executors of the Estate of Mike Mazzaro, appeal from an order of the Court of Common Pleas of Allegheny County (trial court) denying Mazzaro’s request for reimbursement of reasonable appraisal, attorney and engineering fees incurred in litigating an eminent domain action against the County of Allegheny (County). The County cross-appeals, claiming that the trial court erred in assuming that this action involves a de facto, rather than a de jure, condemnation.

This case has a history that spans forty years and has…