1. Home
  2. Browse Decisions
  3. A.2d
  4. 873 A.2d
  5. 873 A.2d 14 (2005)
 

IN RE CONDEMN. OF PERMANENT RIGHT-OF-WAY

873 A.2d 14 (2005)

CONDEMNATION OF A PERMANENT RIGHT-OF-WAY 20 feet in width and a Temporary Right-of-Way 40 feet in width across a portion of Cabot Drive and lands of Newport Homeowners Association for the Construction and Maintenance of a Sanitary Sewer 193.92 feet in length, more or less; A Permanent Maintenance Easement 25 feet in width, and the Acquisition of the Existing Sanitary Sewer Line Located Therein, Across a Portion of Cabot Drive for the Maintenance and Repair of Said Sewer Line 584.43 feet in length, More or Less; and a Permanent Access Easement Across Portions of Andover Court and Cabot Drive; All in Tredyffrin Township, Chester County, Pennsylvania, Over Lands of Newport Homeowners Association (UPI# 43-5-27.040). Appeal of: Tredyffrin Township Municipal Authority.

Commonwealth Court of Pennsylvania.

Decided April 12, 2005.

Reargument Denied May 27, 2005.

Attorney(s) appearing for the Case

Robert F. Adams and Stacey L. Fuller, West Chester, for appellant.

John D. Maida, Plymouth Meeting, for appellee.

BEFORE: SMITH-RIBNER, J., FRIEDMAN, Judge (P.), and McCLOSKEY, Senior Judge.

OPINION BY Judge SMITHRIBNER.

The Tredyffrin Township Municipal Authority (Authority) appeals from the October 4, 2004 order of the Court of Common Pleas of Chester County sustaining the preliminary objections of the Newport Homeowners Association (Association) to the Authority's Declaration of Taking, which was filed to acquire a portion of the Association's private sewer system by power of eminent domain. The Authority asserts that the trial court erred in sustaining...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases