City of Philadelphia v. Keyser

Opinion by

Judge Craig,

This de facto condemnation appeal is from an order of the Court of Common Pleas of Delaware County, dismissing appellant City of Philadelphia’s exceptions to a decision in favor of appellees, the Keysers. The lower court held that the City had taken the Keysers’ property within the provisions of the Eminent Domain Code, Act of June 22, 1964, Spec. Sess., P.L. 84, as amended, 26 P.S. §1-101 et seq., as a consequence of the effect of air traffic to and from the City’s International Airport, upon the property.

The City claims that the lower court erred, as a matter of law,…