CAPTLINE v. COUNTY OF ALLEGHENY


718 A.2d 273 (1998)

Carol M. CAPTLINE and Equibank, N.A., as Co-executors of the Estate of Mike Mazzaro, Appellants, v. COUNTY OF ALLEGHENY, Appellee.

Supreme Court of Pennsylvania.

Decided September 30, 1998.


Attorney(s) appearing for the Case

Louis J. Kober, II, Greensburg, for Captline and Equibank.

Michael G. McCabe, Michael K. Parrish, Pittsburgh, for Allegheny County.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

This appeal raises the issue of whether the principles governing the dismissal of civil cases for lack of prosecution apply to proceedings under the Eminent Domain Code. For the reasons that follow, we hold that such principles apply to claims alleging a de facto taking.

Appellants, Carol M. Captline and Equibank, N.A., are co-executors of the Estate of Mike Mazzaro. Since the 1960's, Mazzaro owned 105 acres...

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