Legal Opinion · Dissent
Balent v. City of Wilkes-Barre
Commonwealth Court of Pennsylvania
Decided May 31, 1985No. Appeal, No. 2180 C.D. 1983Published
1Dissent
Dissenting Opinion by
Senior Judge Kalish:
Joseph J. Balent and George Barto, Appellants, appeal from the order of the Court of Common Pleas of Luzerne County dismissing their petition for the appointment of board of viewers. A building owned by the Appellants was damaged by fire and subsequently was demolished by the City of Wilkes-Barre (City).
Appellants contend that this demolition constituted a de facto taking and filed a petition for the appointment of viewers to assess damages. The City filed preliminary objections. Pursuant to the procedure in eminent domain cases, the trial court…
2Cases cited15 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Agins v. City of TiburonSupreme Court of the United States · 1980
- San Diego Gas & Electric Co. v. City of San DiegoSupreme Court of the United States · 1981
- Borough of Green Tree v. Board of Property Assessments, Appeals & ReviewSupreme Court of Pennsylvania · 1974
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