Legal Opinion

In Re Condemnation of Real Estate by the Borough of Ashland

Commonwealth Court of Pennsylvania

Decided May 14, 2004PublishedCited by 9 opinions

1Opinion of the Court

OPINION BY

President Judge COLINS.

Joseph and Michelle Kenenitz (Kenen-itzes) appeal from an order of the Court of Common Pleas of Schuylkill County that denied their preliminary objections to a Declaration of Taking filed by the Borough of Ashland (Ashland) and which further ordered the parties to proceed pursuant to the Eminent Domain Code 1 upon a finding that there had been no abuse of discretion in the proceeding on the part of the officials of Ashland. We affirm the trial court. Ashland claims that the appeal is untimely and has filed a motion to quash. We deny the motion.

On August 29,…

2Cases cited9 opinions

  1. Weber v. PhiladelphiaSupreme Court of Pennsylvania · 1970
  2. Clark v. TroutmanSupreme Court of Pennsylvania · 1985
  3. Smith v. City of PhiladelphiaSupreme Court of Pennsylvania · 1986
  4. Commonwealth v. AllenSupreme Court of Pennsylvania · 1984
  5. Pittsburgh School District Condemnation CaseSupreme Court of Pennsylvania · 1968

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3Cited by9 opinions

  1. In Re Condemnation of Property Situate in Perry TownshipCommonwealth Court of Pennsylvania · 2007
  2. In re Condemnation by ManheimCommonwealth Court of Pennsylvania · 2005
  3. City of Allentown v. Lehigh County AuthoritySuperior Court of Pennsylvania · 2019
  4. Condemnation by the Mercer Area School District of Mercer County ~ Appeal of: Mercer Area School DistrictCommonwealth Court of Pennsylvania · 2020
  5. Condemnation of Fee Simple Title to 0.069 Acres of Vacant Land and Certain Easements Owned by Brandywine Village AssociatesCommonwealth Court of Pennsylvania · 2018

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