For Immediate Release
Reading, Pa. – Barley Snyder is pleased to announce a significant legal victory on behalf of Gary and Mary Wolfe in the case of Wolfe et al. v. Reading Blue Mountain & Northern Railroad Co. The Supreme Court of Pennsylvania has ruled in favor of the Wolfes, overturning the Commonwealth Court’s previous decision and upholding the Court of Common Pleas’ order that rejected the railroad’s attempt to exercise eminent domain.
In a decisive opinion, the Supreme Court determined that Reading Blue Mountain and Northern Railroad Co. (“RBMN”) failed to meet the stringent standard required for eminent domain, which mandates that the public must be the “primary and paramount beneficiary” of any proposed taking. The Court’s ruling clarifies that this standard is more rigorous today compared to the precedents set by cases from the early 20th century, such as Pioneer Coal Co. v. Cherrytree & Dixonville Railroad Co. and C.O. Struse & Sons Co. v. Reading Co.
The case arose when RBMN sought to reactivate a railroad spur and acquire a portion of the Wolfes’ property in Muhlenberg Township. The Supreme Court’s decision reflects a careful consideration of modern “technological, social and economic” factors, affirming that the railroad’s proposed spur would primarily benefit a private asphalt plant rather than the general public.
“This decision marks a major triumph for property rights in Pennsylvania, affirming that eminent domain standards must adapt to modern times,” said Barley Snyder partner Thad M. Gelsinger who represented the Wolfes in this case. “This victory highlights the dedication of our team – including partner Derek Dissinger and attorney Hannah Schroer – and our strategic approach, reinforcing our commitment to diligently advocating for our clients’ rights and interests. We are proud to see our efforts achieve a positive result for our client.”
The Supreme Court’s decision reinforces the Property Rights Protection Act of 2006 which prohibits the use of eminent domain “to take private property in order to use it for private enterprise” and ensures that eminent domain is used appropriately and sparingly.
“The outcome of this case exemplifies our firm’s strength, collaboration and dedication to our clients,” said managing partner Jennifer Craighead Carey. “I would like to congratulate Thad and his team for all of their hard work on this matter and for achieving this precedent setting decision on behalf of our client.”
About Barley Snyder
Barley Snyder is a law firm based in Pennsylvania with more than 130 attorneys practicing from offices located in Lancaster, York, Reading, Harrisburg, Lebanon, Malvern, Hanover, Gettysburg and Schuylkill Haven, Pa., and Hunt Valley and Columbia, Md. The firm serves businesses, individuals and organizations in all major areas of civil law including business, employment, immigration, employee benefits, finance & creditors’ rights, intellectual property, litigation, estate planning and administration, real estate, tax, construction, environment and energy, health care, education, municipal authority, hospitality, senior living, cybersecurity and food and agribusiness. www.barley.com | @BarleySnyder
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