Legal Opinion
Mountaintop Area Joint Sanitary Authority v. St. Jude Church
Commonwealth Court of Pennsylvania
Decided March 30, 1983No. Appeal, No. 2964 C.D. 1981PublishedCited by 6 opinions
1Opinion of the Court
Opinion by
Judge MacPhail,
St. Jude Church (Church) filed a complaint in trespass, ejectment and “under Sec. 308 of the Municipal Authorities Act of 1945’’1 The Mountaintop Area Joint Sanitary Authority (Authority) filed preliminary objections to the counts in trespass and ejectment which were sustained by the Court of Common Pleas of Luzerne County in an order dismissing the complaint as to those causes of action. The trial court’s opinion stated that the damages sought by the church must be resolved by a board of view appointed pursuant to Section 502 of the Eminent Domain Code (Code).2
*187That…
2Cases cited2 opinions
- St. Catherine Church v. Mountaintop Area Joint Sanitary AuthorityCommonwealth Court of Pennsylvania · 1981
- City of Philadelphia v. MartoranoCommonwealth Court of Pennsylvania · 1978
3Cited by6 opinions
- Fulmer v. White Oak BoroughCommonwealth Court of Pennsylvania · 1992
- Millcreek Township v. N.E.A. Cross CompanyCommonwealth Court of Pennsylvania · 1993
- Commonwealth v. BerkCommonwealth Court of Pennsylvania · 1992
- C.F. Hughes v. UGI Storage Co.Commonwealth Court of Pennsylvania · 2020
- Kahn v. PennDOT, Pennsylvania Court of Common Pleas, Bucks County1991
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