Captline v. County of Allegheny

OPINION

ZAPPALA, Justice.

This appeal raises the issue of whether the principles governing the dismissal of civil cases for lack of prosecution apply to proceedings under the Eminent Domain Code. For the reasons that follow, we hold that such principles apply to claims alleging a defacto taking.

Appellants, Carol M. Captline and Equibank, N.A., are co-executors of the Estate of Mike Mazzaro. Since the 1960’s, Mazzaro owned 105 acres of land in Findlay Township, Allegheny County. The property was used as a landfill until the early 1970’s when the County of Allegheny directed Mazzaro to cease…