In re Determination of Whether a De Facto

Dissenting Opinion by

Judge Barry :

I dissent. This ease is essentially an eminent domain case. Section 303 of the Eminent Domain Code of 1964 (Code) provides a “complete and exclusive procedure and law to govern all condemnations of property for public purposes and the assessment of damages thereof. . . ,”1 To allow a declaratory judgment proceeding herein would be contrary to the intent of the legislature which has created specific procedures for all eminent domain oases.

Analogous cases support this notion. In Myers v. Department of Revenue, 55 Pa. Commonwealth Ct. 509, 423 A.2d 1101 (1980),…