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Miller v. City of Beaver Falls

368 Pa. 189, 82 A.2d 34 (1951)

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Miller v. City of Beaver Falls

Pennsylvania Supreme Court
368 Pa. 189, 82 A.2d 34 (1951)

RW

Facts

James Miller (plaintiff) had a longstanding plan to develop his property for residential housing, for which there was a high public demand. Before Miller could act on his plan, the city of Beaver Falls, Pennsylvania (city) (defendant) passed an ordinance designating Miller’s property as part of a hold zone in which the city contemplated building a public park. A Pennsylvania statute allowed municipalities to block private development within such a hold zone for up to three years, without compensating the affected landowner or taking the landowner’s property by eminent domain. Miller sued to have both the city’s ordinance and the state statute invalidated as unconstitutional takings. The trial court dismissed the case. Miller appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

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