Kastner v. Commonwealth

Opinion by

President Judge Bowman,

Richard Kastner filed a complaint in trespass within our original jurisdiction, naming as the sole defendant, the Pennsylvania Department of Transportation (PennDOT). The complaint alleges that defendant built a new highway which caused access to plaintiff’s property to be more circuitous and difficult. Plaintiff alleges that the value of his tract of ground has diminished substantially because of PennDOT’s action.

PennDOT filed preliminary objections to plaintiff’s complaint raising the defense of sovereign immunity from suit derived from Article I, Section 11…