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Legal Opinion

Downingtown Area School District v. DiFrancesco

Commonwealth Court of Pennsylvania

Decided April 20, 1989No. Appeal 216 C.D. 1989PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Judge Palladino,

Downingtown Area School District (District) appeals from a decision of the Court of Common Pleas of Chester County sustaining the preliminary objections of Wayne R. DiFrancesco to a declaration of taking by the District. We reverse.

It is not disputed that the District needed to construct a 600 pupil elementary school in West Bradford Township, one of the municipalities serviced by the District. The Districts Board of Directors (Board) hired an architectural and planning firm, Vaughn Organization, PC., to investigate a possible 20 acre site for the school. Vaughn…

2Cases cited5 opinions

  1. Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968
  2. Pidstawski v. South Whitehall TownshipCommonwealth Court of Pennsylvania · 1977
  3. Swartz v. Pittsburgh Public Parking AuthorityCommonwealth Court of Pennsylvania · 1981
  4. Speicher Condemnation AppealCommonwealth Court of Pennsylvania · 1981
  5. Baker v. County of AlleghenyCommonwealth Court of Pennsylvania · 1980

3Cited by9 opinions

  1. Emmett Mann v. John BrennerCourt of Appeals for the Third Circuit · 2010
  2. Condemnation of a Tract of LandCommonwealth Court of Pennsylvania · 1992
  3. Redev't Authority of City of York v. BraticCommonwealth Court of Pennsylvania · 2012
  4. In re Condemnation by the City of Coatesville of Certain Properties & Property Interests for Use as a Public Golf Course, Pennsylvania Court of Common Pleas, Chester County2002
  5. G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & Northern RR Co.Commonwealth Court of Pennsylvania · 2022

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