Court: Robinson Township did not use eminent domain appropriately

A lawyer representing Robinson Township maintained Wednesday that local officials had safety in mind when they seized part of a developer’s property by eminent domain to make improvements at a Steubenville Pike intersection.

“It was a bad signalization from the beginning,” attorney John F. Cambest said of the intersection’s traffic signal, approved by township officials and PennDOT in May 2003. “The township thought this would be a way to correct an error.”

At least one court disagreed.

A three-judge Commonwealth Court panel issued an opinion Monday saying Robinson officials might have overstepped their authority when it came to seizing part of the developer’s property, a lot with a 2,176-square-foot home that E&R Partners LP bought in May 2001 for $33,400.

E&R Partners, managed by James Esposito, claimed the township was working to benefit another developer, Michael Dunn and his Five D Development LLC, which bought nearly 3 acres near E&R’s Steubenville Pike parcel in March 2011.

Commonwealth Court reversed an Allegheny County Common Pleas decision that sided with the township.

“The power of eminent domain permits the commonwealth to take private property for public use upon payment of just compensation,” wrote Commonwealth Court Senior Judge Mary Hannah Leavitt and judges Michael H. Wojcik and Stacy Wallace in their opinion. “In consideration of the relevant constitutional standards … it is clear that without a public use purpose, the government lacks authority to take property from private owners.”

The panel said township officials had not discussed safety or safety improvements on Steubenville Pike specifically when they authorized the use of eminent domain.

“Obviously, we were disappointed in the ruling, but we will have the opportunity to discuss it with the (Robinson) commissioners Monday,” Cambest said.

Cambest said Robinson is considering an appeal or asking for an argument in front of the full Commonwealth Court, not just a three-member panel.

Township Manager Frank L. Piccolino III did not return calls this week seeking comment.

The two developers, Dunn and Esposito, had talked about — but not reached an agreement for — a shared driveway on Steubenville Pike. Robinson began efforts in 2016 to obtain PennDOT approval for a public road through Dunn’s property from the Tidball Road intersection to Waterford Drive, court records show.

It is common for townships to work with developers regarding upgrades such as public roads and intersections because the cost of the upgrades is often absorbed by the developer, the Commonwealth Court panel said in its opinion.

Douglas Hart, an attorney representing Esposito and E&R Partners, declined to discuss much of the case this week but said he was “very pleased” with the Commonwealth Court panel’s decision.