Semanderes v. PennDOT

4 Pa. D. & C.4th 407, 1989 Pa. Dist. & Cnty. Dec. LEXIS 144
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedApril 28, 1989
Docketno. G.D. 86-16961
StatusPublished

This text of 4 Pa. D. & C.4th 407 (Semanderes v. PennDOT) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Semanderes v. PennDOT, 4 Pa. D. & C.4th 407, 1989 Pa. Dist. & Cnty. Dec. LEXIS 144 (Pa. Super. Ct. 1989).

Opinion

STAISEY, J.,

In this condemnation case, plaintiff Stavro N. Semanderes has appealed from the court’s order of February 21, 1989, denying his motion for post-trial relief. Plaintiff, a painting contractor, was the owner of a property occupied by an office and warehouse budding located at 920-922 East Ohio Street on the North Side of Pittsburgh. This property was taken in its entirety by defendant Commonwealth of Pennsylvania, Department of Transportation, because it was needed as the location of a ramp for the East Street Expressway. The date of the taking was May 29, 1985.

Semanderes purchased the subject property in [409]*4091979, and commenced remodeling the budding. In 1982, however, upon receiving notification from the commonwealth that his property would be condemned, he stopped the remodeling except for finishing his own office area.

The Board of Viewers awarded plaintiff $106,700. At the trial before a jury following appeal to this court, both the valuation experts for the condemnee and for the condemnor used the market data, or comparable sales approach. Plaintiffs expert gave his opinion that the fair market value at the time of condemnation on May 29, 1985 was $175,000. Defendant’s expert gave his opinion that the property when taken had a fair market value of $98,000. The jury awarded plaintiff $98,000 and he filed a motion for post-trial relief, which, as indicated, was denied by an order from which an appeal has been taken.

Pursuant to his motion for post-trial relief seeking a new trial, plaintiff briefed and argued four issues. His first point is that the court erred in allowing counsel for defendant to cross-examine his valuation expert on the purchase price of the subject property because (1) the sale occurred almost five and one-half years before condemnation, (2) substantial changes and renovations were made to the property, (3) neither the valuation expert for the condemnee nor the condemnor considered the sale in arriving at his opinion of value as of the date of condemnation, and (4) evidence of the sale price introduced the collateral issue of the profit the condemnee might realize.

Plaintiffs expert was asked on cross-examination to indicate the price that Mr. Semanderes paid for the subject property in November 1979. Plaintiffs objection was overruled and the witness testified that the purchase price was $19,500. The principles [410]*410governing admissibility of purchase price in a condemnation case are set forth in Brown v. Redevelopment Authority of Harrisburg, 35 Pa. Commw. 415, 386 A.2d 1052 (1978). In Brown, Commonwealth Court held that the trial judge did not err in refusing to allow the condemnor to ask the condemnee what he had paid for the condemned property. Although the property, used as a car wash, had been purchased only three years and nine months before condemnation, substantial changes had been made in the interim. Major renovation had followed the property’s submersion in a flood associated with a hurricane. In the words of the court:

“A substantial change in use occurred here from an antiquated car wash to a modem facility which washed cars on an automatic conveyor system, as well as sold gasoline and oil. The accompanying changes in the building, machinery, and equipment were also substantial.” Id. at 427, 386 A.2d at 1058.

Commonwealth Court said that the question was very close, but under these circumstances held that the trial court’s ruling did not constitute an abuse of discretion. The court also observed in Brown that it is generally true that “however the trial judge ruled on this evidence, the reviewing court seldom finds that he manifestly abused his discretion.” Id. at 426, 386 A.2d at 1057.

The law of Pennsylvania has generally permitted cross-examination of the condemnee with respect to the purchase price of the condemned land provided the purchase date was not too remote in time. Brown, supra at 419, 386 A.2d at 1054; Klick v. Commonwealth, 20 Pa. Commw. 627, 631, 342 A.2d 794, 797 (1975). If the purchase date is not considered too remote, the trial court should exercise discretion to exclude evidence of the price only when there has been substantial change in the [411]*411subject property or in the character of the neighborhood or the real estate values in the area. With regard to the subject of remoteness, Commonwealth Court in Brown said:

“[I]f time were the only relevant factor, the purchase here three years and nine months ]brior to condemnation could not be considered too remote, and evidence of the purchase price should have been admitted. Here, however, the specific property involved had undergone substantial changes in the period between purchase and condemnation.” Id. at 419, 386 A. 2d at 1054.

Klick v. Commonwealth, supra, is another case in which the trial court’s exclusion of evidence of the purchase price was. upheld. There the property had been purchased only five years before condemnation, but in the interval between purchase and condemnation, the character of the neighborhood had changed significantly and there had been marked inflation of surrounding real estate values. In Klick, however, Commonwealth Court addressed itself to the question of whether a purchase date was too remote from the condemnation date in the following terms:

“Our appellate courts have struggled with the remoteness problem before. If any common thread can be derived from these cases, it is the following: Evidence of condemnees’ purchase price has been held admissible, and not too remote, if the sale was from three to seven years prior to the condemnation, while evidence of purchase price resulting from a condemnee’s purchase of nine or more years prior has been held inadmissible.” Id. at 631-2, 342 A.2d at 797. (footnotes omitted)

. In Brown v. Redevelopment Authority of Harrisburg, supra, Commonwealth Court indicated that a trial judge, in exercising his discretion, should start [412]*412with the premise that the condemnee’s purchase price should be admitted. The court went on to list factors the trial judge should consider in determining whether the probative value of evidence of the purchase price is outweighed by other factors which would confuse or distract the jury. With respect to the last two factors listed, i.e. what changes had occurred in real estate in the area or in the general character of the neighborhood in the interim and what changes had occurred in the subject property, the court observed:

“[Tjhese factors should generally be considered as going to the weight of the evidence, not to admissibility. The condemnee will generally be able to sufficiently explain the effect of such changes, particularly those relating only to the subject property, once the evidence [of the purchase price] has been admitted.” Id. at 428, 386 A.2d at 1058.

Applying the foregoing principles to the present case, it can be seen that the date of purchase, November 27, 1979, would not be considered too remote from the date of condemnation, May 29, 1985, (a period of approximately five and one-half years) to make the purchase price inadmissible on that basis.

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Related

Mazur v. Commonwealth
134 A.2d 669 (Supreme Court of Pennsylvania, 1957)
Cohen v. Lancaster Redevelopment Authority
229 A.2d 744 (Supreme Court of Pennsylvania, 1967)
Hasenflu v. Commonwealth
179 A.2d 216 (Supreme Court of Pennsylvania, 1962)
Redevelopment Authority v. United Novelty & Premium Co.
314 A.2d 553 (Commonwealth Court of Pennsylvania, 1973)
Klick v. Commonwealth
342 A.2d 794 (Commonwealth Court of Pennsylvania, 1975)
Brown v. Redevelopment Authority
386 A.2d 1052 (Commonwealth Court of Pennsylvania, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
4 Pa. D. & C.4th 407, 1989 Pa. Dist. & Cnty. Dec. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/semanderes-v-penndot-pactcomplallegh-1989.