In re Condemnation by Redevelopment Authority of York

Commonwealth Court of Pennsylvania

In re Condemnation by Redevelopment Authority of York

499 A.2d 713, 92 Pa. Commw. 382, 1985 Pa. Commw. LEXIS 1319

Commonwealth Court of Pennsylvania·Decided October 23, 1985·No. Appeal, No. 67 T.D. 1984·Published

Opinion

Opinion by

Judge MacPhail,

Cupid, Inc. (Appellant), owner of a parcel of land in York County, Pennsylvania, appeals to this [383] Court from the dismissal of its motion to strike a declaration of relinquishment filed by the Redevelopment Authority of the City of York in an eminent domain proceeding. The principal substantive issue presented to the trial court was whether the eondemnee’s letter to the condemnor, demanding the condemnor’s appraisal price and reserving the right to proceed to a board of view, constituted as a matter of law a tender of possession or right of entry under Section 407 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended 26 P.S. §1-407. The trial court concluded that it did not.

The Court is satisfied that all of the relevant issues were adequately and correctly addressed in the able opinion of Honorable Emanuel A. Cassimatis, dated February 15, 1984. We, accordingly, affirm on the opinion of the trial judge as reported at Pa. D. & C. 3d (1985).

Order

The order of the Court of Common Pleas of York County dated February 15, 1984, is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge MacPhail,

Cupid, Inc. (Appellant), owner of a parcel of land in York County, Pennsylvania, appeals to this [383] Court from the dismissal of its motion to strike a declaration of relinquishment filed by the Redevelopment Authority of the City of York in an eminent domain proceeding. The principal substantive issue presented to the trial court was whether the eondemnee’s letter to the condemnor, demanding the condemnor’s appraisal price and reserving the right to proceed to a board of view, constituted as a matter of law a tender of possession or right of entry under Section 407 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended 26 P.S. §1-407. The trial court concluded that it did not.

The Court is satisfied that all of the relevant issues were adequately and correctly addressed in the able opinion of Honorable Emanuel A. Cassimatis, dated February 15, 1984. We, accordingly, affirm on the opinion of the trial judge as reported at Pa. D. & C. 3d (1985).

Order

The order of the Court of Common Pleas of York County dated February 15, 1984, is affirmed.

In re Condemnation by Redevelopment Authority of York, 499 A.2d 713, 92 Pa. Commw. 382, 1985 Pa. Commw. LEXIS 1319 (Pa. Ct. App. 1985).

Pincite

499 A.2d 713 (In re Condemnation by Redevelopment Authority of York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.