Legal Opinion
Merlin v. Commonwealth
Commonwealth Court of Pennsylvania
Decided February 11, 1983No. Appeal, 1560 C.D. 1981PublishedCited by 8 opinions
1Opinion of the Court
Opinion by
Judge Craig,
By way of preliminary objection in this eminent domain case, Irvin Merlin challenged the formal condemnation of his property by Lower Merion Township in 1975 on the ground that its adoption of a floodplain ordinance in 1973 had earlier constituted a de facto taking of his unimproved lots, thereby entitling him to have compensation computed as of, and from, 1973.
The Montgomery County Court of Common Pleas dismissed Mr. Merlin’s preliminary objection because he failed to prove that Lower Merion’s adoption of the flood plain ordinance interfered with his use and enjoyment…
2Cases cited6 opinions
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Agins v. City of TiburonCalifornia Supreme Court · 1979
- E. J. McAleer & Co. v. Iceland Products, Inc.Supreme Court of Pennsylvania · 1977
- Gaebel v. Thornbury TownshipCommonwealth Court of Pennsylvania · 1973
- Kraiser v. Horsham TownshipCommonwealth Court of Pennsylvania · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Com. Office of Atty. Gen. Ex Rel. Corbett v. Locust Tp.Supreme Court of Pennsylvania · 2009
- Beltrami Enterprises, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1993
- Rosing, Inc. v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 1997
- MacHipongo Land & Coal Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1993
- Commonwealth, Office of Attorney General Ex Rel. Corbett v. Richmond TownshipCommonwealth Court of Pennsylvania · 2007
3 more not listed; retrieve them via the Exa API.