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McELWEE v. SEPTA

No. 51 EAP 2006

948 A.2d 762 (2008)

Thomas A. McELWEE & Son, Inc., and John McElwee, Appellees v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, a/k/a SEPTA, Appellant.

Supreme Court of Pennsylvania.

Decided June 2, 2008.

Attorney(s) appearing for the Case

Michael Sklaroff, Esq. Burt M. Rublin, Esq., Elizabeth Watson Calhoun, Esq., Ballard, Spahr, Andrews & Ingersoll, L.L.P., Philadelphia, for SEPTA.

Elizabeth Utz Witmer, Esq., Joseph C. Monahan, Esq., Stephen S. Aichele, Esq., Saul, Ewing, Remick & Saul, L.L.P., A Delaware L.L.P., Philadelphia, for Pennsylvania Turnpike Commission.

William Jones Cressler, Esq., PA Department of Transportation, Harrisburg, for Pennsylvania Department of Transportation.

Marcel L. Groen, Esq., Kimberly A. Freimuth, Esq., Fox Rothschild, L.L.P., Warrington, for amicus curiae Delaware River Joint Toll Bridge Commission.

Francis J. Moran, Esq., Media, for Thomas A. McElwee & Son, Inc.

Peter A. Galante, Esq., Philadelphia, for John McElwee.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Justice SAYLOR.

This matter involves the assertion of a de facto condemnation arising from a public transit authority's extensive construction work on one of its commuter rail lines.

I. Background

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...

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