Legal Opinion
Berk v. Com., Dept. of Transp.
Commonwealth Court of Pennsylvania
Decided November 28, 1994No. 2781 C.D. 1993 and 106 C.D. 1994PublishedCited by 15 opinions
1Opinion of the Court
RODGERS, Senior Judge.
This is an appeal by the Commonwealth of Pennsylvania, Department of Transportation (Department) from orders of the Court of Common Pleas of Philadelphia County which overruled the Department’s preliminary objections to a petition for the appointment of viewers and found, after an evidentiary hearing, that the Department had accomplished a de facto taking of property of the owners, Steven Berk and Gerald Segal.
Steven Berk and Gerald Segal (Owners) own a building on the north side of Walnut Street between Bonsall Street and 24th Street which contains twenty-one rental…
2Cases cited13 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- McGaffic v. RED. AUTH., CITY OF N. CASTLECommonwealth Court of Pennsylvania · 1988
- Pennsylvania Gas & Water Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Genter v. Blair County Convention and Sports Facilities AuthorityCommonwealth Court of Pennsylvania · 2002
- Thomas A. McElwee & Son, Inc. v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 2008
- Newman v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2002
- Waldron Street Book Co. v. City of PittsburghCommonwealth Court of Pennsylvania · 2001
- Guttha v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2005
10 more not listed; retrieve them via the Exa API.