History
  • No items yet
midpage
Stein v. Commonwealth
1976 Pa. Commw. LEXIS 1042
Pa. Commw. Ct.
1976
Check Treatment

Opinion by

Judge Crumlish, Jr.,

The procedural question raised by this appeal has been before this Court on innumerable occasions. We have held that the trial court must make an evidentiary record and resolve the issue of a de facto taking raised by preliminary objections, and not submit the issue to viewers. Petition of Ramsey, 20 Pa. Commonwealth Ct. 207, 342 A. 2d 124 (1975) ; Nixon Hotel, Inc. v. Redevelopment Authority of Butler, 11 Pa. Commonwealth Ct. 519, 315 A. 2d 366 (1974) ; Jacobs v. Nether Providence Township, 6 Pa. Commonwealth Ct. 594, 297 A. 2d 550 (1972).

Since we have neither the benefit of a trial court evidentiary record nor an opinion, we must remand this matter to the Court of Common Pleas of Philadelphia County for reconsideration consistent with this opinion.

Reversed and remanded.

Case Details

Case Name: Stein v. Commonwealth
Court Name: Commonwealth Court of Pennsylvania
Date Published: May 19, 1976
Citation: 1976 Pa. Commw. LEXIS 1042
Docket Number: Appeal, No. 1380 C.D. 1974
Court Abbreviation: Pa. Commw. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.