Wolfe, G & M, h/w Aplts v. Reading Blue Mtn

Summary

Justice Wecht concurs with the majority’s result that the railroad’s taking is unconstitutional, but writes separately to argue that the modern “primary and paramount beneficiary” test articulated in Middletown Township v. Lands of Stone is a distinct, higher‑threshold public‑purpose standard that supersedes older precedents such as Pioneer Coal and C.O. Struse.