Legal Opinion

In Re Condemnation by the County of Berks

Commonwealth Court of Pennsylvania

Decided January 9, 2007PublishedCited by 9 opinions

1Opinion of the Court

OPINION BY

Judge FRIEDMAN.

M.B. Investments (MB) appeals from the May 17, 2006, order of the Court of Common Pleas of Berks County (trial court) dismissing MB’s preliminary objections to a declaration of taking filed by the County of Berks (County), a third class county, and sustaining the preliminary objections filed by the County. The trial court ruled that for purposes of the Eminent Domain Code (Code),1 MB lacked legal standing as a condemnee to raise the preliminary objections. We affirm.

For more than a century, the City of Reading (City) has owned a 560-acre property located in the County…

2Cases cited4 opinions

  1. Synes AppealSupreme Court of Pennsylvania · 1960
  2. In Re the Condemnation by the County of Allegheny, of a Certain Parcel of Land, in the Township of RobinsonCommonwealth Court of Pennsylvania · 2004
  3. In re Condemnation by the Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1982
  4. M.B. Investments v. McMahonCommonwealth Court of Pennsylvania · 2006

3Cited by9 opinions

  1. Shipe v. Public Wholesale Water Supply District No. 25Supreme Court of Kansas · 2009
  2. In re Condemnation of Land for the South East Central Business District Redevelopment Area 1Commonwealth Court of Pennsylvania · 2008
  3. Colombari v. Port Authority of Allegheny CountyCommonwealth Court of Pennsylvania · 2008
  4. King v. West Penn Power Co.Commonwealth Court of Pennsylvania · 2008
  5. In Re Condemnation by the County of BerksCommonwealth Court of Pennsylvania · 2007

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