Legal Opinion
Tobin v. Centre Township
Commonwealth Court of Pennsylvania
Decided July 31, 2008No. 2166 C.D. 2007PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY
Judge LEAVITT.
Centre Township (Township) appeals an order of the Court of Common Pleas of Berks County (trial court) appointing a board of viewers under the Eminent Domain Code 1 to determine damages caused by the Township’s de facto taking. The trial court denied the Township’s preliminary objections to a petition for appointment of board of viewers filed by Michael T. Tobin, Jr., Kenneth Styer, and Michael T. Tobin, Jr., Contractors (Tobin Contractors) (collectively, Landowners) because it agreed with Landowners that the fees charged by the Township for reviewing their land…
2Cases cited16 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- Adams Outdoor Adv., Lp. v. Zoning Hearing Bd. of Smithfield TownshipCommonwealth Court of Pennsylvania · 2006
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3Cited by2 opinions
- Four Score Property, LLC v. Code Enforcement Appeals Board of the Borough of GettysburgCommonwealth Court of Pennsylvania · 2015
- C.A. Conley, an Individual v. County of AlleghenyCommonwealth Court of Pennsylvania · 2020