Diess v. Pennsylvania Department of Transportation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the court does not have to accept as true conclusions of law, argumentative allegations or expressions of opinion when ruling on preliminary objections
• explaining that the court does not have to accept as true conclusions of law, argumentative allegations or expressions of opinion when ruling on preliminary objections
• a private nuisance results from nontrespassory conduct that impairs another person’s use and enjoyment of their land
• where alleged statutory violations and equity claims outweighed allegations of common law nuisance, Section 761(c) of the Judicial Code vests this Court with ancillary jurisdiction to hear the matter
• “In order to constitute the legal cause of an invasion of their interest, the [plaintiffs] must plead facts showing that [defendant’s] conduct was a substantial factor in causing the harm to the [plaintiffs’] interests.”

Source: CourtListener parenthetical corpus (CC0).