Commonwealth, Department of Transportation v. Greisler Bros.

Opinion by

Judge MacPhail,

This appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Philadelphia County which held that a “de facto” taking of the property of Greisler Brothers, Inc. (Appellee) occurred when DOT constructed an access ramp to Interstate Highway 95 (1-95) in the bed of Summer Street in the City of Philadelphia, raises complex issues, most of which could have been avoided by prompt and proper pleading in the trial court.

The protracted proceedings in this case were initiated on February 29, 1968 when Appellee petitioned the trial court for…