HUGHES v. UGI STORAGE CO.

No. 49 MAP 2021 No. 50 MAP 2021.

263 A.3d 1144 (2021)

Carl F. HUGHES and Ellen B. Hughes, H/W, and Bruce D. Hughes and Margaret K. Hughes, H/W, Individually and on Behalf of All Others Similarly Situated, Appellants v. UGI STORAGE COMPANY, Appellee. John Albrecht, Individually and on Behalf of All Others Similarly Situated, Appellants v. UGI Storage Company, Appellee.

Supreme Court of Pennsylvania.

Decided: November 29, 2021.


Attorney(s) appearing for the Case

Nicholas E. Chimicles, Esq. , Benjamin F. Johns, Esq. , Chimicles Schwartz Kriner & Donaldson-Smith LLP, Haverford, PA, Tiffany L. Cummings, Esq. , Mansfield, Tioga County, PA, Pace Reich, Esq. , Pace Reich, PC, Philadelphia, PA, for Appellant Carl F. and Ellen B. Hughes, H/W, and Bruce D. and Margaret K. Hughes, H/W.

Kathleen Jones Goldman, Esq. , Stanley Yorsz, Esq. , Buchanan Ingersoll & Rooney PC, Pittsburgh, PA, J. David Smith, Esq. , McCormick Law Firm, Williamsport, PA, for Appellee UGI Storage Company.

BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In these consolidated appeals, we consider the Commonwealth Court's holding that, to be held liable for damages under Pennsylvania's inverse condemnation statute, an entity must be clothed with the power of eminent domain — not only in a general sense, in that it must be a governmental or quasi-public...

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