Borough of Dickson City v. Malley

In Borough of Dickson City v. Malley, 94 Pa. Commw. 386, 503 A.2d 1035 (Pa. Cmwlth. 1986), the borough paved a dirt road abutting Malley's property, causing a change in grade of at least five feet. Water runoff during rain storms undermined the sand beneath Malley's pool, and Malley alleged a de facto taking. The Court stated: "Because the trial court found that the water runoff caused the sand underneath Malley's pool to wash away, we hold that under Section 612 the trial court properly concluded that a de facto taking had occurred." Id. at 1037.