Opinion
April 17, 1957.
June 28, 1957.
Courts — Equity — Jurisdiction — Adequate remedy at law — Exclusive statutory remedy — Limited access highways — Eminent domain — Determination of damages — Act of March 21, 1806, P.L. 558, § 13 — Act of May 29, 1945, P. L. 1108.
1. In this class complaint in equity instituted by various owners of land abutting on a certain public highway, in which they sought to prevent the Governor of the Commonwealth and the Secretary of Highways from declaring that highway to be a limited access highway under the provisions of the Act of May 29, 1945, P.L. 1108, as amended; and in which it appeared that plaintiffs feared that their alleged right of ingress and egress would be taken from them without compensation, it was Held, in view of the provision in § 8 of the statute for a proceeding before viewers to determine damages, that (1) plaintiffs had an adequate remedy at law, (2) the statutory remedy is the exclusive remedy, and (3) a court of equity has no jurisdiction to determine the rights of the plaintiffs or their damages, if any. [637]
2. A court of equity has no jurisdiction to determine whether there has been a taking of private property for public use or to assess and award damages for such a taking. [637]
3. Where a remedy or method of procedure is provided by any statute, the directions of such statute shall be strictly pursued and such remedy or procedure is exclusive: Act of March 21, 1806, P.L. 558, § 13. [637]
Mr. Justice COHEN took no part in the consideration or decision of this case.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD and JONES, JJ.
Appeal, No. 28, May T., 1957, from order of Court of Common Pleas of Dauphin County, Dec. T., 1956, No. 2183, in equity, in case of J. K. Creasy et al. v. Joseph Lawler, Secretary of Highways of the Commonwealth of Pennsylvania, and George M. Leader, Governor of the Commonwealth of Pennsylvania. Order affirmed; reargument refused July 26, 1957.
Same case in court below: 8 Pa. D. C.2d 535.
Equity.
Defendants' preliminary objections sustained and final order entered dismissing complaint, opinion by SOHN, J. Plaintiffs appealed.
Edward P. Good, with him Thomas D. Caldwell, A. E. Kountz, William A. Meyer, Alexander Unkovic, Kountz, Fry Meyer and Caldwell, Fox Stoner, for appellants. Thomas D. McBride, Attorney General, with him Joseph L. Donnelly, Deputy Attorney General and Leonard M. Mendelson, for appellees.
Order affirmed on the opinion of Judge WALTER R. SOHN, reported in 8 Pa. D. C.2d 535.