Faranda Appeal

216 A.2d 769, 420 Pa. 295, 1966 Pa. LEXIS 765
CourtSupreme Court of Pennsylvania
DecidedJanuary 17, 1966
DocketAppeal, 307
StatusPublished
Cited by55 cases

This text of 216 A.2d 769 (Faranda Appeal) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faranda Appeal, 216 A.2d 769, 420 Pa. 295, 1966 Pa. LEXIS 765 (Pa. 1966).

Opinions

Opinion by

Mr. Justice Jones,

This is an appeal from an order of the Court of Common Pleas of Lancaster County which dismissed preliminary objections to a “declaration of taking” filed by the Redevelopment Authority of the City of Lancaster [Authority].

On April 9, 1965, the Authority filed a “declaration of taking” of certain properties in the second block of North Queen Street in the City of Lancaster [City].' The reason underlying such condemnation was' to accomplish the alleged public purpose of carrying into effect a duly approved proposal and plan for the redevelopment of an area which had been certified as a blighted area by the Planning Commission of the City. One of the properties affected by the Commis[297]*297sion’s plan was property located at 170-172 North Queen Street owned by one Tony Faranda, a property improved with a three story brick granite building utilized by Faranda as a taproom with family living quarters on the second and third floors.

On May 7, 1965 — 29 days after service of notice upon him — Faranda filed preliminary objections to the “declaration of taking”. The court below then granted the Authority leave to file an amended “declaration of taking” to change one of the averments complained of by Faranda in his original objections. An amended “declaration of taking” was filed on May 19, 1965, to which Faranda again filed preliminary objections, wherein one of the prior objections was again raised, and three new objections were interposed. The court en banc dismissed the preliminary objections.

Initially, it must be noted that we have recently held that preliminary objections constitute the exclusive method of challenging condemnation proceedings under the new Eminent Domain Code, infra; Mahan v. Lower Merion Township, 418 Pa. 558, 212 A. 2d 217.

Faranda’s first preliminary objection is directed to the adequacy of the description of the purpose of the condemnation contained in the “declaration of taking”. Faranda urges that, since the “declaration of taking” fails to state eo nomine that the purpose of the condemnation is the elimination of a blighted area, the “declaration” is defective under the statutory mandate set forth in the Eminent Domain Code (Act of June 22, 1964, P. L. 84, 26 P.S. §1-402(b) (4)), which provides that the “declaration of taking” shall contain “a brief description of the purpose :óf.the condemnation and the-need therefor.” The lower court, in dismissing this-objection, held that an examination of the language of the “declaration” indicated that there was a sufficient statement of the purpose of the condemnation'to satisfy the statutory requirement. With such conclusion we agree.

[298]*298' In compliance with the statute, the Authority prepared it's “declaration of taking” to read as follows: “4. That the condemnation by the Redevelopment Authority was in order to accomplish the public purpose of carrying into effect the duly approved proposal and plan for the redevelopment of the North Queen Street Project known as Project No. R-178, located in the First Ward of the City of Lancaster, County of Lancaster and Commonwealth of Pennsylvania. [Emphasis supplied]. 5. The purpose of the condemnation is to acquire the properties located within the area certified as blighted by the Planning Commission of the City of Lancaster in order that said areas may be replanned and redeveloped to promote the public health, safety, convenience and' welfare. [Emphasis supplied]. 6. The property of the owner as shown in the caption is located within the said blighted area and is needed by the" Redevelopment Authority in order to properly carry out the duly approved plan for the redevelopment of the said area and project.” ' (Emphasis supplied).

While the “declaration” does not employ the word “elimination”, it does aver that the purpose of the “taking” is to-effectuate'the approved proposal and plan of redeveloping North Queen Street, a certified blighted area. The end result would be the elimination of the alleged blighted area.

\This view of the sufficiency of language of the “declaration of -taking” is reinforced by the statutory definition of “redevelopment”, a term repeatedly used, as we have noted, in the “declaration of taking”. The definition, of “redevelopment” in the Urban Redevelopment-Law"'(Act Of May 24, 1945, P. L;' 991, §3, 35 P'.S. §17.03,(m)) remove's any doubt that the effect of the-proposed redevelopment of the area would be the elimination of the blighted structures located therein. Thé' statute states: “(m) ‘Redevelopment’ — Undertakings and activities for the elimination of blighted areas. [299]*299Such undertakings and activities may include the planing, replanning, acquisition, rehabilitation, improvement, clearance, sale, lease or other disposition of land, buildings or other improvements in blighted areas, or portions thereof . . . [Emphasis supplied].” This statutory ’ definition lends support to the conclusion that the Authority was using the -term “redevelopment”: in its “declaration of taking” in the statutory sense and that the averment is sufficient to meet the statutory requirements. For the'- above reasons ' Faranda’s preliminary objection in-this respect is without merit and was properly dismissed.

'The second objection.' urged by Faranda is that the Authority lacked the power to • take his property bécause, at the time of taking, the Authority had-neither selected a redeveloper nor had entered into-a redevelopment contract. In this connection, it must 'be noted that, by stipulation, the parties agreed that, subsequent to the taking, a redeveloper had- been selected, but -the lack of a redevelopment contract -is still urged by Faranda as fatal to the power of taking.

.The. Authority is given the power of eminent domain under the Urban Redevelopment Law, supra. There is no requirement in this statute that a -redeveloper must be chosen or that a contract be entered into with a redeveloper for the re-use of the- land as prerequisites before the Authority can condemn’ property. Similarly, the Eminent, Domain Code of 1984, supra, which neither enlarges nor diminishes the power of condemnation given by law to'the condemnor (§402); is’.-eqjially: silent as-to -thé stéps- that Faranda- urges' aré prerequisites to..taking. ’ Both -of these‘Statutes' find their bases in the’‘provisions of the-Constitution of Pennsylvania Article” I, §10' Which requires- that private-property be taken only, for public -use.” This constitutionally mandated requirement' sets no order' of activity in the condemnation of property so long as [300]*300the purpose of the condemnation satisfies the.constitutional and statutory requirements.

Thus, it seems painfully clear that there is neither decisional nor statutory authority to sustain Faranda’s contention. In sustaining the lower court’s dismissal of this objection, we are mindful of.the words of this court in Blumenschein v. Pittsburgh Housing Authority, 379 Pa. 566, 572, 573, 109 A. 2d 331: “ By a host of authorities in our own and other jurisdictions (citing cases) it has been established, as an elementary principle of law that courts will not review the actions of governmental bodies or administrative tribunals involving acts of discretion, in the absence of bad faith, fraud, capricious action or abuse of power; they will not inquire into the wisdom of such actions or into the details of the manner adopted to carry them into execution . . (Emphasis supplied).

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Bluebook (online)
216 A.2d 769, 420 Pa. 295, 1966 Pa. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faranda-appeal-pa-1966.