United Artists' Theater Circuit, Inc. v. City of Philadelphia

635 A.2d 612 (1993)

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United Artists’ Theater Circuit, Inc. v. City of Philadelphia

Pennsylvania Supreme Court
635 A.2d 612 (1993)

  • Written by Jody Stuart, JD

Facts

The Philadelphia Historical Commission (the commission) designated the interior of the Boyd Theater as historically and architecturally significant, without consent of the owner, pursuant to the Philadelphia historic-preservation ordinance. In connection with this designation, the Pennsylvania Supreme Court had previously found, in 1991, that the Philadelphia historic-preservation ordinance constituted an unconstitutional taking without just compensation and thus violated the Pennsylvania Constitution. This result contrasted with a 1978 United States Supreme Court decision that a similar historic-preservation ordinance was not a taking under the United States Constitution. The City of Philadelphia (city) (plaintiff) filed a petition requesting the court to hear reargument and reconsider its 1991 ruling.

Rule of Law

Issue

Holding and Reasoning (Nix, C.J.)

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