[DOWNLOAD] "West Whiteland Associates v. Commonwealth" by Commonwealth Court of Pennsylvania * eBook PDF Kindle ePub Free
eBook details
- Title: West Whiteland Associates v. Commonwealth
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 05, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
OPINION BY SENIOR JUDGE NARICK FILED: March 5, 1997 The central issue presented in this case is whether a condemnee in a taking case is required to raise by preliminary objection the unity of purpose doctrine set forth in Section 605 of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-605. This issue is before us on cross-appeals filed by the Department of Transportation (DOT) and West Whiteland Associates (Condemnee) from the order of the Court of Common Pleas of Chester County that held Condemnee had not waived the right to raise the unity of purpose doctrine by failing to file preliminary objections to DOT's taking but would not rule preliminarily on whether the Condemnee had met its burden of showing that the property met the requirements of the unity of purpose doctrine. Based upon the following, we reverse and remand.