Pennsylvania Inverse Condemnation Law

Joan Kedra v. Richard Schroeter

This case arises from the grievous death of State Trooper David Kedra, who was shot and killed by his instructor, then-Corporal Richard Schroeter, during a routine firearms training. Although a long-term veteran of the police force and specifically certified in the safe use of firearms, ** Honorable Michael J. Melloy, Senior Circuit Judge, United States Court of Appeals for... More...

$0 (12-03-2017 - PA)

Helen Mining Company v. James E. Elliott, Sr.

The Black Lung Benefits Act (BLBA) confers on coal workers generally the right to claim workers’ compensation benefits for disabilities arising out of coal dust exposure. 30 U.S.C. §§ 901–45. Typically, the burden of proof rests on the miner to establish each element necessary for entitlement to benefits. For miners who meet particular criteria, however, the BLBA provides that certain elemen... More...

$0 (06-26-2017 - PA)

USA v. William Davenport

On September 1, 2008, Drug Enforcement Administration agents executed a search warrant on a storage facility that Davenport controlled in Harrisburg, Pennsylvania. Once inside, the agents found large amounts of drug paraphernalia and cash as well as approximately 160 grams of cocaine. The facility also housed three vehicles, including a Cadillac that contained a loaded nine-millimeter pistol stash... More...

$0 (02-03-2016 - PA)

K.A. v. Pcono Mountain School District

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the â€•School Districtâ€–), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.'s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, apply... More...

$0 (03-12-2013 - PA)

Jeffrey K. Beard v. Johnson and Johnson, Inc.

This appeal arises out of a medical-device product liability action in which a strictliability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court's threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appeal ... More...

$0 (03-31-2012 - PA)

Bear Creek Township v. Joan H. Riebel

Joan H. Riebel, Harold J. Harris, and Brian W. Harris (Landowners) appeal an order of the Court of Common Pleas of Luzerne County (trial court) that overruled their key preliminary objection to Bear Creek Township"s (Township) Declaration of Taking.2 The trial court held that the Township"s taking of land for a charter school and a recreational area was authorized by The Second Class Township Code... More...

$0 (02-13-2012 - PA)

Adnrew A. Lang, Jr. v. Commonwealth of Pennsylvania Department of Transportation

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation's (DOT) preliminary objections to Lang's petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT's filing of a declaration of taking. Lan... More...

$0 (02-18-2011 - PA)

Lower Makefield Township v. The Lands of Chester Dalgewicz

Lower Makefield Township (Township) appeals from the order of the Court of Common Pleas of Bucks County (trial court) which denied its motion for post trial relief following a jury verdict in this Eminent Domain case. The jury awarded the Dalgewicz family (Condemnees) $5,850,000 as just compensation for the taking of their 166-acre farm (Property) on December 6, 1996, for construction of a golf co... More...

$0 (09-01-2010 - PA)

In Re: Condemnation of Property Located in Lower Windsor Twp, et al. ~ Appeal of: Lauxmont Holdings, LLC

Lauxmont Holdings, LLC (Lauxmont) appeals the October 2, 2008 order of the Court of Common Pleas of York County (trial court) denying a request to compel payment of interest on delay compensation paid on estimated just compensation (EJC) by the County of York (County). The issues before this Court include: 1) whether delay compensation is due at the same time as the EJC payment or at the time of t... More...

$0 (12-03-2009 - PA)

Borough of Ulysses v. Barry J. Mesler

Barry J. Mesler (Mesler) appeals the May 13, 2009 order of the Court of Common Pleas of Potter County (trial court) ejecting him from a tract of real property (the tract) in favor of the Borough of Ulysses (Borough), formerly known as the Borough of Lewisville.1 The issue before us is whether the trial court erred in ejecting Mesler from the tract in favor of the Borough. Mesler argues on appeal t... More...

$0 (12-18-2009 - PA)

Peter Amato, et al. v. Clarks Summit, Pennsylvania

Peter Amato sued Clarks Summit on an inverse condemnation theory claiming that defendant wrongfully closed a 117-square-foot section of Grandview Street in 2003 and damaged 101 acres of property owned by him down the street that he and developer Michael Nota had received approval to build 39 single-family homes and 140 townhouses. Plaintiffs maintained the closure lowered property values in the de... More...

$2315338 (10-01-2009 - PA)

Riverwatch Condominium Owners Association v. Restoration Development Corproation

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration's title to a disputed two-acre parcel of property, and Restoration's right of access to that two-acre parcel across a portion of the Association's prop... More...

$0 (08-20-2009 - PA)

Riverwatch Condominiums Owners Association v. Restoration Development Corporation, et al.

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration's title to a disputed two-acre parcel of property, and Restoration's right of access to that two-acre parcel across a portion of the Association's prop... More...

$0 (05-29-2009 - PA)

Donna Kay Busch v. Marple Newtown School District, et al.

Plaintiffs, who are mother and son, bring free speech, establishment, and equal protection claims against Defendants, who are school officials and the school district. These claims stem from an elementary school's restriction of the mother's effort to read aloud from scripture to students in her son's kindergarten classroom as part of a curricular "show and tellâ€- type activity. The District... More...

$0 (06-02-2009 - PA)

Lynnebrook adn Woodbrook Associates, et al. v. Borough of Millersville

In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial court's determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act ("LTEAâ€).1 For the following reasons, we reverse. The facts of this case are st... More...

$0 (12-17-2008 - PA)

Michael A. Lombardo v. Commonwealth of Pennsylvania, et al.

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived. Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania's Department of Pu... More...

$0 (08-26-2008 - PA)

York County v. Peter Alecxih

York County, Pennsylvania sued real estate developer Peter Alecxih on an eminent domain theory to acquire certain rights, title and interests in a 79-acre tract of land upon which he planned to build 51 luxury homes. The County offered him $2 million, which he reject. He sought between $16 and $17 million in compensation for the condemnation and taking of his property. The land which was taken i... More...

$17250000 (07-29-2008 - PA)

Thomas A. McElwee & Son, Inc. and John McElwee v. Southeastern Pennsylvania Transportation Authority, A/K/A SEPTA

Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea... More...

$0 (06-02-2008 - PA)

Karl E. Gary, et al. v. The Braddock Cemetery, et al.

Karl E. Gary, and other owners of burial plots in Braddock Cemetery (collectively, "Plaintiffs"), appeal the district court's dismissal of the action they brought under 42 U.S.C. § 1983 against Braddock Cemetery, Consol Energy, and Consol Pennsylvania Coal Company (collectively, "Defendants"). The district court dismissed that suit after concluding that it lacked subject matter jurisdiction... More...

$0 (02-06-2008 - PA)

<a href="http://www.ca3.uscourts.gov/013027u.pdf" target="_new">Adams Parking Garage, Inc., et al. v. City of Scranton, et al.</a>

In 1989, Scranton Life sold certain properties, including the Garage, to the City of Scranton (the "City") in lieu of condemnation. The sales agreement included a lease provision, whereby the City, upon purchasing the Garage from Scranton Life, would lease the Garage back to Adams Parking, apparently so that Scranton Life could ensure parking for its tenants. The lease provided an init... More...

$0 (03-28-2002 - PA)

<a href="http://www.courts.state.pa.us/OpPosting/superior/out/a08031_01.PDF" target="_new">Ailisa Sobien and Frank Sobien v. James Mullin</a>

1 Appellant, James Mullin, appeals from the judgment entered on the jury verdict finding him liable for the cost incurred by Appellees, Ailisa and Frank Sobien (the Sobiens), in re-framing and siding their end wall, which had become exposed to the elements due to Mr. Mullin’s removal of his condemned building. On appeal, Mr. Mullin claims the trial court erred in refusing his request fo... More...

$0 (08-31-2001 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/003691.txt" target="_new">United States of America ex rel. Anthony J. Dunleavy v. County of Delaware, et al.</a>

The appellant, Anthony J. Dunleavy, was a consultant to appellee, Delaware County. In this capacity, Dunleavy advised the County as to the various federal regulatory requirements concerning certain Housing and Urban Development funding grants. Dunleavy sued the County contending that it committed several violations of the False Claims Act, 31 U.S.C. S 3729, et seq. The District Court dismis... More...

$0 (01-31-2002 - PA)

In re: CONDEMNATION BY the COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, OF RIGHT OF WAY FOR STATE ROUTE 0079, SECTION W10, a Limited Access Highway, in the Township of Cecil. Dennis Sluciak , Appellant.

Helen and Joseph Sluciak , Dennis Sluciak’s parents, purchased a sixty acre parcel of land in the Township of Cecil, Washington County, Pennsylvania, in April 1938. In August 1938, Mary Dagsher and her husband purchased the adjoining property. Mr. and Mrs. Sluciak , who used the property as a farm, had frontage on Grudevich Road but used a driveway that cut across a "sliver" of property ... More...

$0 (03-18-1999 - PA)