Swartz v. Pittsburgh Public Parking Authority

439 A.2d 1254, 63 Pa. Commw. 434, 1981 Pa. Commw. LEXIS 2006
CourtCommonwealth Court of Pennsylvania
DecidedDecember 29, 1981
DocketAppeal, No. 1782 C.D. 1980
StatusPublished
Cited by10 cases

This text of 439 A.2d 1254 (Swartz v. Pittsburgh Public Parking Authority) 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
Swartz v. Pittsburgh Public Parking Authority, 439 A.2d 1254, 63 Pa. Commw. 434, 1981 Pa. Commw. LEXIS 2006 (Pa. Ct. App. 1981).

Opinion

Opinion by

Judge MacPhail,

This is an appeal from an order of the Court of Common Pleas of Allegheny County dismissing the preliminary objections of Ann and Rebecca Swartz (Appellants) to a Declaration of Taking filed September 20, 1979, by the Public Parking Authority of [436]*436Pittsburgh (Authority). The subject property involves two parcels of land located on the southwest corner of Centre Avenue and North Craig Street. We affirm.

The Appellants have raised numerous objections to the decision below. Before examining the substantive issues raised by the preliminary objections, we must initially determine whether the Appellants were accorded a fair hearing by the Common Pleas Court. One of the primary allegations made by the Appellants is that the denial of a continuance until the Appellants received transcripts of prior hearings, and the subsequent closing of the hearing when the Appellants refused to continue with their case, denied them due process of law. The decision of whether to grant a continuance is a matter within the discretion of the lower court, see Kopec v. Redevelopment Authority of the City of Hazleton, 27 Pa. Commonwealth Ct. 515, 517-18, 367 A.2d 784, 786 (1976), and will not be disturbed on review absent a manifest abuse of discretion. Id. An examination of the record leads us to believe the trial court was within its discretionary power to deny a further continuance. The case had already taken two days of hearings with over 400 pages of testimony. The case was conducted almost entirely by Ann Swartz, one of the Appellants, who presented no evidence in the record to show she was in any way hindered from proceeding that day with her case in chief.1 Thus, we can find no abuse of discretion in the Court’s refusal to grant a continuance.2

[437]*437Appellants also have argued that they should not have been ordered to proceed in the case when their counsel of record moved the Court that morning for, and was granted, permission to withdraw from the case. In view of the previously mentioned fact that Ann Swartz conducted the case herself, and again failed to show to the lower court any disadvantage to the Appellants in being ordered to continue,3 we find no denial of due process.

Appellants have complained to this Court about the quashing of subpoenas issued to Parking Authority and City Council members, as well as the subpoenas of a city businessman and state senator. Again, this Court’s standard of review of the trial court’s action is abuse of discretion. As the Appellants failed to show how the testimony of these persons would be relevant to their case,4 we find no abuse of discretion in quashing these subpoenas.5

Finally, the Appellants claim that the trial court was biased against them and thus deprived them of a fair hearing. The Appellants have not directed our attention to any instances or statements by the lower court showing bias. Our own reading of the record leads us to believe that the lower court in fact gave the Appellants every chance to prove their case and was in no way biased against them. We find this argument to be without merit.

[438]*438We now move to the substantive issues raised on this appeal, all of which were dismissed by the lower court. The Appellants have alleged that the declaration of taking is defective in that it failed to sufficiently describe the public purpose of the condemnation as required by Section 405(c)(7) of the Eminent, Domain Code, Act of June 22,1964, Special Sess., P.L. 84, as amended, 26 P.S. §l-405(c) (7). The declaration of taking states “4. The purpose of the condemnation is to permit the construction of a public parking facility on the site.” We believe this is sufficient recital of the purpose so as not to invalidate the Declaration of Taking. See Mier v. Citizens Water Co., 250 Pa. 536, 95 A. 704 (1915). Furthermore, acquiring land for off street parking is a public use and thus the Authority did have the power to condemn this property. McSorley v. Fitzgerald, 359 Pa. 264, 59 A.2d 142 (1948).

The Appellants also challenge the trial court’s denial of their objection regarding the sufficiency of the security. They direct our attention to this Court’s decision in Riehl v. Millcreek Township Sewer Authority, 26 Pa. Commonwealth Ct. 70, 362 A.2d 478 (1976) where we stated that a trial judge should not dismiss an objection to the sufficiency of security without requiring an answer and holding a hearing. Appellants argue that since the hearing was closed before any evidence was taken on the point, then the requirements of Riehl have not been met. We do not believe, however, that the lower court has violated Riehl in this case. As we have previously indicated, the court below did not abuse its discretion in ending the hearing when it did. That the Appellants chose not to continue with their case and thus failed to present evidence regarding insufficiency of the bond should not give the Appellants grounds to complain now about the absence of testimony. The Appellants thus have not been deprived of their right to present [439]*439testimony. See Milford-Traumbauersville Area Sewer Authority v. Approximately 0.753 Acres of Land, 25 Pa. Commonwealth Ct. 13, 358 A.2d 450 (1976).

The Appellants claim that the Authority failed to make good faith negotiations since only a single offer was made. No testimony was presented, however, to show that this was not a fair offer. Furthermore, our Supreme Court has held that condemnors no longer are required to negotiate before initiating condemnation proceedings. Pittsburgh School District Condemnation Case, 430 Pa. 566, 244 A.2d 42 (1968).

Finally, the Appellants have argued that the action of the Authority in choosing this lot to condemn was arbitrary, capricious, an abuse of discretion, and fraudulent in purpose in being for private rather than public reasons. The law in these matters is quite clear. We have no power to substitute our discretion for that of the Authority, nor to correct mistakes in judgment. It is presumed that the officials have performed their duties in good faith and the Appellants therefore carry a heavy burden to prove the contrary. See, e.g., Washington Park, Inc. Appeal, 425 Pa. 349, 229 A.2d 1 (1967); Hatfield Township Appeal, 28 Pa. Commonwealth Ct. 109, 367 A.2d 747 (1977).

The Appellants, both in their brief to this Court and in numerous exchanges in the trial court, have attempted to ascribe some private purpose to the actions of the Authority. However, we fail to see, as the court below failed to see, any facts introduced to support their claims.

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

Related

In re Condemnation of .036 Acres
674 A.2d 1204 (Commonwealth Court of Pennsylvania, 1996)
Commonwealth, Department of Transportation v. E-Z Parks, Inc.
620 A.2d 712 (Commonwealth Court of Pennsylvania, 1993)
Blankenship v. Mingo County Economic Opportunity Commission, Inc.
416 S.E.2d 471 (West Virginia Supreme Court, 1992)
Mowery v. Township of Warrington
8 Pa. D. & C.4th 126 (York County Court of Common Pleas, 1990)
In Re Condemnation of Lands Situate & Being in the Scranton
572 A.2d 250 (Commonwealth Court of Pennsylvania, 1990)
Downingtown Area School District v. DiFrancesco
557 A.2d 819 (Commonwealth Court of Pennsylvania, 1989)
Northampton v. Bucks County Water & Sewer Authority
508 A.2d 605 (Commonwealth Court of Pennsylvania, 1986)
Northampton v. BUCKS CO. W. & S. AUTH
508 A.2d 605 (Commonwealth Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
439 A.2d 1254, 63 Pa. Commw. 434, 1981 Pa. Commw. LEXIS 2006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartz-v-pittsburgh-public-parking-authority-pacommwct-1981.