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REILLY, ET AL. v. D. E. R., ET AL.

No. 1318 and 1345 C.D. 1974.

21 Pa.Commw. 611 (1975)

Timothy J. Reilly and J. Emmett Reilly, CoPartners, Trading and Doing Business as Reilly Contracting Company v. Commonwealth of Pennsylvania, Department of Environmental Resources and The General State Authority. Commonwealth of Pennsylvania, The General State Authority, Appellant. Timothy J. Reilly and J. Emmett Reilly, CoPartners, Trading and Doing Business as Reilly Contracting Company v. Commonwealth of Pennsylvania, Department of Environmental Resources and The General State Authority. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant.

Commonwealth Court of Pennsylvania.

November 14, 1975.

Attorney(s) appearing for the Case

H. Warren Ragot, Assistant General Counsel, with him Michael A. Madar, General Counsel, for appellant, The General State Authority.

John W. Carroll, Assistant Attorney General, for appellant, Department of Environmental Resources.

Thomas L. Kennedy, with him Cletus M. Lyman, Cletus P. Lyman and Walter L. Lyman, for appellees.

Argued October 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, November 14, 1975:

In Jacobs v. Nether Providence Township, 6 Pa.Commw. 594, 297 A.2d 550 (1972), we held that the trial court faced with preliminary objections to a petition for appointment of a board of viewers in a de facto condemnation case must judicially determine as a threshold legal issue whether or not there has been a de facto...

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