Amoco Oil Co. v. Commonwealth, Department of Transportation

679 A.2d 1369
CourtCommonwealth Court of Pennsylvania
DecidedJuly 15, 1996
StatusPublished
Cited by6 cases

This text of 679 A.2d 1369 (Amoco Oil Co. v. Commonwealth, Department of Transportation) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amoco Oil Co. v. Commonwealth, Department of Transportation, 679 A.2d 1369 (Pa. Ct. App. 1996).

Opinions

KELLEY, Judge.

Amoco Oil Co. (Amoco) and Alice Weiss (Weiss) appeal from an order of the Court of Common Pleas of Allegheny County (trial court), dated May 23, 1994, denying their motions for post-trial relief in the form of a new trial. We reverse.

Amoco was a lessee of property owned by Weiss. The property, which was used as a gasoline service station, is located on Ohio River Boulevard, at the intersection of Camp Horne Road, in the Borough of Emsworth (borough), Allegheny County, Pennsylvania.

Pursuant to section 402(b) of the Eminent Domain Code (Code),1 the Commonwealth of Pennsylvania Department of Transportation (DOT), filed a declaration of taking, condemning a portion of the property leased by Amoco. In effect, the taking rounded off the comer of Ohio Boulevard and Camp Home Road, taking 512/6 square feet of the real estate. Amoco ceased operation of its gasoline service station at some time subsequent to the declaration of taking.

In accordance with section 502(a) of the Code,2 Amoco filed a petition for the appointment of viewers, which was granted by the trial court. By order of the trial court, Weiss was permitted to intervene. Both Amoco and Weiss3 sought damages for the taking.

[1372]*1372A hearing before the Allegheny Board of Viewers (viewers) ensued. The viewers concluded that the taking made it impossible for Amoco to continue to use the property as a gasoline service station. The viewers reasoned that the subject property was altered in such a manner that it was not in compliance with the borough’s zoning ordinance. Therefore, the viewers determined that the taking had destroyed Amoco’s lease and prohibited further use of the property as a gasoline service station. Damages were awarded in the amounts of $131,000.00 to Amoco and $36,500.00 to Weiss.

Pursuant to section 515 of the Code, DOT, Weiss, and Amoco each appealed the viewers’ report to the trial court.4 The appeals of Weiss and Amoco pertained only to damages, but DOT’s appeal raised additional objections to the viewers’ report. Accordingly, DOT listed these objections, as required by section 516(a)(4) of the Code.5

In accordance with section 517 of the Code,6 DOT sought preliminary disposition of the issue of whether Amoco had standing. DOT contended that certain provisions of the lease between Amoco and Weiss rendered Amoco an improper party. The trial court disagreed, however, and held that Amoco did have standing. DOT appealed the trial court’s ruling to this court, and we affirmed. See Amoco Oil Co. v. Department of Transportation, 157 Pa.Cmwlth. 222, 629 A.2d 259 (1993) (Amoco I).

After this court’s decision was issued, eon-demnees filed a motion for continuance, arguing that they did not have adequate time to prepare for trial. The trial court determined that even after this court’s decision was issued, the parties still had ample time to prepare for trial and, therefore, were not prejudiced by the schedule. Accordingly, the condemnees’ motion for continuance was denied.

A trial de novo commenced on September 22, 1993. Prior to the seating of the jury, Amoco filed a motion in limine, seeking to limit testimony to the issue of damages. The trial court denied the motion.

Following the trial, the jury returned a verdict awarding $8,000.00 in damages to Weiss. No damages were awarded to Amoco. Amoco and Weiss subsequently filed separate motions for post-trial relief, in which they sought a new trial.

In a joint brief in support of their motions for post-trial relief, condemnees alleged that the trial court committed several errors of law. The trial court ultimately concluded that the case was fairly tried before a properly instructed jury; therefore, there was no basis for disturbing the jury’s verdict. Accordingly, the trial court issued an order dismissing condemnees’ motions for a new trial.

Amoco and Weiss each appealed the order of the trial court to this court. The appeals were consolidated by order of this court, dated November 3, 1994, and the matter is now before us.

On appeal, condemnees present four issues for our review. First, did the trial court err in denying Amoco’s motion in limine to limit testimony at trial to the issue of condemnation damages? Second, did the trial judge err in not attending the evidentiary view of the subject property in accordance with sec[1373]*1373tion 703 of the Code?7 Third, did the trial judge improperly admit severely prejudicial evidence concerning a clearly illegal use of the subject property after taking as proof of the extent of the taking? Fourth, did the trial court err in failing to give the jury one or all of the points for charge filed by Amoco and/or Weiss?

Our scope of review of a trial court’s order denying a motion for a new trial is limited to a determination of whether the trial court abused its discretion or committed a clear error of law. Milan v. Department of Transportation, 153 Pa.Cmwlth. 276, 620 A.2d 721 (1993), petition for allowance of appeal denied, 535 Pa. 650, 633 A.2d 154 (1993); Condemnation in Conewango and Pleasant Townships, 23 Pa.Cmwlth. 343, 352 A.2d 244 (1976).

To establish reversible error, the complaining party must prove that the court erred and that the error was harmful. Ligon v. Middletown Area School District, 136 Pa. Cmwlth. 566, 584 A.2d 376 (1990).

I. ISSUE I — MOTION IN LIMINE

Initially, condemnees argue that the trial court erred by denying Amoco’s motion in limine to limit testimony to issues concerning the amount of condemnation damages. We disagree.

In its appeal from the viewers’ report, DOT set forth its specific objections, thereby complying with section 516(a)(4) of the Code. Before the trial de novo commenced, DOT sought a preliminary determination as to whether Amoco was a proper party pursuant to section 517 of the Code, 26 P.S. § 1-517. However, DOT did not seek a preliminary determination as to any other objection. Condemnees believe that DOT was required to raise its other objections during the preliminary proceeding. Accordingly, con-demnees argue that DOT’s failure to do so constituted a waiver of all objections other than its objection to the amount of the award.

Our resolution of this question is governed by section 517 of the Code. In pertinent part, section 517 states:

§ 517 Disposition of appeal
All objections, other than to the amount of the award, raised by the appeal shall be determined by the court preliminarily. The court may confirm, modify, change the report or refer it back to the same or other viewers.

26 P.S. § 1-517.

Advocating a literal interpretation of this language, condemnees argue that section 517 requires the trial court to determine preliminarily all objections other than those to the amount of the award. This interpretation, nevertheless, has been rejected by this court as illustrated by Condemnation Right of Way for Legislative Route 1005-2, 20 Pa. Cmwlth.

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