Legal Opinion

Florek v. Commonwealth, Department of Transportation

Commonwealth Court of Pennsylvania

Decided May 24, 1985No. Appeal, No. 909 C.D. 1984PublishedCited by 12 opinions

1Opinion of the Court

Opinion by

Judge MacPhail,

Joseph M. Florek and Mary Florek (Appellants) appeal from a decision and order by the Court of Common Pleas of Luzerne County which dismissed Appellants’ petition for viewers and sustained the preliminary objections by the Pennsylvania Department of Transportation (DOT).

The facts as found by the trial court are that Appellants own a parcel of land in Wilkes-Barre Township which abuts Old Ashley Road, a state highway. In 1947, a storm sewer drainage system was installed along Old Ashley Road by Wilkes-Barre Township. In 1963, the Commonwealth acquired the highway and…

2Cases cited8 opinions

  1. Synes AppealSupreme Court of Pennsylvania · 1960
  2. Condemnation of the Land & Property JacobsCommonwealth Court of Pennsylvania · 1980
  3. In Re Condemnation by the Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1980
  4. Brady v. YodanzaSupreme Court of Pennsylvania · 1981
  5. Predwitch v. CHROBAK Et Ux.Superior Court of Pennsylvania · 1958

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

3Cited by12 opinions

  1. Darlington v. County of ChesterCommonwealth Court of Pennsylvania · 1992
  2. Snap-Tite, Inc. v. Millcreek TownshipCommonwealth Court of Pennsylvania · 2002
  3. In re Condemnation of Premises of D.R.E. Land Developing, Inc.Commonwealth Court of Pennsylvania · 1992
  4. Palm Corp. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1997
  5. In re Property Situate Along Pine Road Owned by KraussCommonwealth Court of Pennsylvania · 1992

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

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