We affirmed the court's order to sustain the preliminary objections and dismiss the complaint. Balent v. City of Wilkes-Barre, 89 Pa. Commw. 578, 492 A.2d 1196 (1984) (Hereinafter "Balent I"). The Supreme Court denied the Owners' petition for allowance of appeal at No. 792 E.D. Allocatur Docket 1985.
The Owners appealed to the Commonwealth Court at No. 2180 C.D. 1983, which affirmed the trial court's decision. Balent v. City of Wilkes-Barre, 89 Pa. Commw. 578, 492 A.2d 1196 (1985) ( Balent I.) This Court denied the Owners' petition for allowance of appeal at No. 792 E.D. Allocatur Docket 1985. The Owners then filed the instant action under section 1983. They alleged that the action taken by the City in demolishing their building deprived them of a right, privilege and immunity secured by the Fifth and Fourteenth Amendments of the United States Constitution. They base their claim on the failure of the City to verify the receipt of the violation notice dated May 18, 1981, which stated that their building would be razed by the City, if they did not make the requisite repairs.
In support, the City cites judicial decisions upholding legitimate municipal uses of the police power to demolish or otherwise affect property, without effecting a taking. See id. at 25 (citing Keystone Commercial Prop. v. City of Pittsburgh , 464 Pa. 607, 347 A.2d 707, 710 (1975) ; Balent v. City of Wilkes-Barre , 542 Pa. 555, 669 A.2d 309, 315 (1995) ; Hill v. City of Bethlehem , 909 A.2d 439, 445 (Pa. Cmwlth. 2006) ; Est. of Blose ex rel. Blose v. Borough of Punxsutawney , 889 A.2d 653, 659 (Pa. Cmwlth. 2005) ; Balent v. City of Wilkes-Barre , 89 Pa.Cmwlth. 578, 492 A.2d 1196, 1198 (1985) ).