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24 Pa. Commw. 524

24 Pa. Commonwealth Ct. 524

Docket No. 1380 C.D. 1974.

Stein v. Commonwealth

Russell P. Stein, Trustee v. Commonwealth of Pennsylvania, Department of Transportation, Successor to Department of Highways. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania

Argued April 8, 1976.

Decided May 19, 1976.

Commonwealth Court of Pennsylvania · decided 1976-05-19

Cited by 2 later decisions — most recently November 2006

2 state decisions

Relies on Jacobs v. Nether Providence Township · In re Ramsey · Nixon Hotel, Inc. v. Redevelopment Authority

Good law ✅— No negative treatment on recordhow we know

Decided 1976-05-19

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¶1Argued April 8, 1976, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

¶2*525Roger T. Shoop, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

¶3Edward Jay Weiss, for appellee.

¶4OPINION BY JUDGE CRUMLISH, JR., May 19, 1976:

¶5The 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).

¶6Since 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.

¶7Reversed and remanded.

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