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VECCHIONE v. TWP. OF CHELTENHAM

No. 136 C.D. 1973.

13 Pa.Commw. 260 (1974)

Salvatore Vecchione and Andrew Vecchione, Appellants, v. Township of Cheltenham, Appellee.

Commonwealth Court of Pennsylvania.

June 7, 1974.

Attorney(s) appearing for the Case

John F. Ledwith, with him Schubert, Mallon, Walheim & deCindis, for appellant, Andrew Vecchione.

Henry L. Menin, with him Menin, Wilson & Flick, for appellant, Salvatore Vecchione.

Samuel H. High, Jr., with him John F. Christie, III, and High, Swartz, Roberts and Seidel, for appellee.

Argued April 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, June 7, 1974:

This condemnation case raises an intriguing question of first impression. Does the failure of the Pennsylvania Eminent Domain Code1 to provide for a hearing prior to the filing of a declaration of taking, which results in the passing of the title in the property condemned to the condemnor, violate the due process clause of the United States...

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