Legal Opinion
Lang v. Commonwealth, Department of Transportation
Commonwealth Court of Pennsylvania
Decided February 18, 2011PublishedCited by 7 opinions
1Opinion of the Court
OPINION BY
Judge SIMPSON.
In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (DOT) preliminary objections to Lang’s petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT’s filing of a declaration of taking. Lang contends DOT waived its objection to his petition, and the trial court erred in holding Lang waived his de facto claim because he did not file preliminary objections to the…
2Cases cited6 opinions
- Commonwealth v. LeboSuperior Court of Pennsylvania · 1998
- Nelis v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1972
- Nelis v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1974
- Erie Municipal Airport Authority v. AgostiniCommonwealth Court of Pennsylvania · 1989
- In re Condemnation by the Commonwealth of PennsylvaniaCommonwealth Court of Pennsylvania · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williams v. Borough of BlakelyCommonwealth Court of Pennsylvania · 2011
- Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P.Commonwealth Court of Pennsylvania · 2018
- Mento v. Board of School Directors of the Montour School DistrictCommonwealth Court of Pennsylvania · 2011
- In Re: Petition for Appointment of Board of Viewers for Purpose of Closing Twp. Rd. 444 and/or Compensating Wyoming Land Conservancy, Inc. for the Unlawful Taking of its Property Situate in Windham Twp., Wyoming County, PACommonwealth Court of Pennsylvania · 2016
- In re Condemnation of Rights of Way & Easements Situate in Township of Mt. PleasantCommonwealth Court of Pennsylvania · 2012
2 more not listed; retrieve them via the Exa API.