Redevelopment Authority v. Wabank Real Estate & Investment Co.

382 A.2d 785, 34 Pa. Commw. 1, 1978 Pa. Commw. LEXIS 868
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 22, 1978
DocketAppeal, No. 63 C.D. 1977
StatusPublished
Cited by4 cases

This text of 382 A.2d 785 (Redevelopment Authority v. Wabank Real Estate & Investment Co.) 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
Redevelopment Authority v. Wabank Real Estate & Investment Co., 382 A.2d 785, 34 Pa. Commw. 1, 1978 Pa. Commw. LEXIS 868 (Pa. Ct. App. 1978).

Opinions

Opinion by

Judge Wilkinson, Jr.,

The Redevelopment Authority of the City of Lancaster (Authority) appeals an order of the Court of Common Pleas of Lancaster County dated December 17, 1976 remanding a report from the Board of Viewers (Board) in an eminent domain proceeding.

On June 3, 1974 the Authority filed a declaration of taking against four properties owned by Wabank Real Estate and Investment Company, Inc. and leased to the appellee herein, Miller & Son, Inc. At the time of condemnation appellee operated a barrel reconditioning business which it subsequently relocated to a new site in Lancaster, removing part of its equipment from the condemned properties to the new location. During a hearing before the Board appellee introduced evidence of moving costs, expenses to modify the new location and related costs. The Board, which found these costs to be “carefully documented,” determined that the sum of these costs would exceed $800,-000. The Authority introduced evidence that the total in-place value of the machinery was $180,990 of which property valued at $34,065 had been moved by appellee to its new location. On August 25, 1976 the Board filed an award of $94,800 for the real estate and $183,425 for dislocation of business damages and moving expenses. On appeal by appellee (the award for the real estate was not contested) the lower court held that the Assembled Economic Unit Doctrine is not applicable where an award is made pursuant to Section 601A of the Eminent Domain Code1 (Code) and that evidence of the in-place value of the machinery or the value of appellee’s property as an As[4]*4sembled Economic Unit is not relevant or admissible in determining damages when machinery or equipment has been moved. We affirm.

Preliminarily we must consider appellee’s motion to quash this appeal on the ground that the order of the court below was not a final order within the meaning of Section 517 of the Code, 26 P.S. §1-517, because that section does not include as final orders those which the court refers back to the same or other viewers.

We agree with appellee that the general rule is that remand orders are interlocutory and therefore not appealable. See Trasoff v. Philadelphia, 337 Pa. 223, 11 A.2d 139 (1940); Kellman Trust Fund v. Department of Transportation, 24 Pa. Commonwealth Ct. 102, 354 A.2d 583 (1976). However, where the remand order settles for all intents and purposes the questioned issue of law between the parties, our Courts have en-grafted an exception to the general rule and have entertained appeals from remand orders. See Dacar Chemical Products Co. v. Allegheny County Redevelopment Authority, 425 Pa. 343, 228 A.2d 778 (1967); Department of Transportation v. Kastner, 13 Pa. Commonwealth Ct. 525, 320 A.2d 146 (1974), cert. denied, 419 U.S. 1109 (1975). In distinguishing the procedural posture of that case from others involving remand orders, the Court in Dacar, supra, stated, “In the present matter, the very dispute concerns which law is to be applied and the issue before us is clearly justiciable.” Id. at 347-48, 228 A.2d at 780.

In this case, the lower court issued an order which remanded the case back to the Board with specific instructions regarding the application of Section 601A. In our view, the court’s opinion as to the interpretation of Section 601A has placed this case in a situation analogous to that in Dacar, supra, where the only issue before the Court was the application of the Code. [5]*5Therefore, we deem the Court’s order remanding the ease back to the Board with respect to these two instructions2 properly before us at this time.

Appellant’s principal contention is that the lower court erred in ruling that Section 601A of the Code precludes consideration of the in-place value of machinery or the value of the machinery and equipment as an economic unit when the business is relocated. The question, in turn, boils down to whether the Legislature intended such values to be considered when reimbursements are made for “reasonable” moving expenses.

Section 601A provides in relevant part:

(a) Any displaced person shall be reimbursed for reasonable expenses incurred in moving himself and his family and for the removal, transportation and reinstallation of personal property.
(1) Receipts therefore shall be considered prima facie evidence of incurred reasonable moving expenses.
(b) Any displaced person who is displaced from his place of business . . . shall be entitled, in addition to any payment received under subsection (a) of this section, to damages for dislocation of such business ... as follows:
(1) Actual direct losses with reference to personal property, but not to exceed the greater of (i) the reasonable expenses which would have been required to relocate such personal property, or (ii) the value in place of such personal [6]*6property as cannot be removed without substantially destroying or diminishing its value . . . or without substantially destroying or diminishing its utility in the relocated business. . . .

The first question we will consider is whether the Legislature intended the in-place value of machinery and equipment to be considered by a board of viewers or jury when determining compensable moving expenses under Section 601A(a). Where the words of a statute are not explicit, the intention of the Legislature may be determined by considering the circumstances under which it was enacted, the object to be obtained and the former law. Statutory Construction Act of 1972, 1 Pa. C.S. §1921(c); see also, Pennsylvania Labor Relations Board v. State College Area School District, 461 Pa. 494, 337 A.2d 262 (1975).

Prior to the Eminent Domain Code of 1964 neither a condemnee nor a tenant of a condemnee had a right to recover, as a separate item, the costs of removal, transportation and reinstallation of machinery and equipment. See Butler Water Company’s Petition, 338 Pa. 282, 13 A.2d 72 (1940). In 1964 by enactment of Section 608 of the Code,3 moving expenses were compensable but were limited to the value of the machinery and equipment. In 1969 Section 608 was amended to expand this compensability to include machinery and equipment which could not be moved without destroying its utility. Damages for such equipment were limited to the lesser of either the reasonable moving expense that would have been required to relocate the equipment or its market value in place. In 1971 the Legislature enacted Section 601A of the Code to replace the former Section 608. As is apparent from a reading of Section 601A the limitation of Section 608 that “reasonable expenses” may not ex[7]*7ceed the market value of the equipment has been eliminated and for it is substituted Section 601A(a)(l) that receipts are to be considered prima facie evidence of reasonable moving expenses.

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Bluebook (online)
382 A.2d 785, 34 Pa. Commw. 1, 1978 Pa. Commw. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redevelopment-authority-v-wabank-real-estate-investment-co-pacommwct-1978.