Legal Opinion
York Opa, LLC v. Com. of Pa.
Commonwealth Court of Pennsylvania
Decided March 20, 2018No. 12 C.D. 2017PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY JUDGE McCULLOUGH
The Commonwealth of Pennsylvania, Department of Transportation (DOT) appeals from the December 9, 2016 opinion and order of the Court of Common Pleas of York County (trial court), which overruled DOT's preliminary objections to the petition for appointment of a board of viewers filed by York OPA, LLC (OPA). We affirm in part and reverse in part.
Facts and Procedural History
On June 20, 2011, DOT filed a formal declaration of taking (Declaration) pursuant to the Eminent Domain Code (Code), 1 seeking to acquire 0.154 acres in fee simple title for the purpose of widening…
2Cases cited9 opinions
- Elser v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1994
- Gitlin v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1956
- Commonwealth v. Greenfield Township—Property OwnersCommonwealth Court of Pennsylvania · 1990
- Nelis v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1972
- Linde Enterprises, Inc. v. Lackawanna River Basin Sewer AuthorityCommonwealth Court of Pennsylvania · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bindas, D., Aplt. v. PennDOTSupreme Court of Pennsylvania · 2023
- M. Burns v. Dept. of TransportationCommonwealth Court of Pennsylvania · 2026