United States v. 27.93 Acres of Land, More or Less, Situate in Cumberland County

924 F.2d 506
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 29, 1991
DocketNo. 90-5446
StatusPublished
Cited by1 cases

This text of 924 F.2d 506 (United States v. 27.93 Acres of Land, More or Less, Situate in Cumberland County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. 27.93 Acres of Land, More or Less, Situate in Cumberland County, 924 F.2d 506 (3d Cir. 1991).

Opinion

OPINION OP THE COURT

SEITZ, Circuit Judge.

Alex and Dona DiSanto (the “DiSantos”), defendants in a condemnation proceeding brought by the United States, appeal the district court’s order dismissing their post-trial motions for a new trial and relief from judgment. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1345 and 1358 (1988). We have jurisdiction under 28 U.S.C. § 1291 (1988).

I. FACTS

In 1971, the DiSantos purchased 130 acres of land in Silver Spring Township, (the “Township”), Cumberland County, Pennsylvania for investment purposes. The property consisted of two tracts of land, one 98 acres and the other 32 acres.

Lying along the eastern border of the 98 acre tract and separating it from the 32 acre tract is an approximately 100 foot wide strip of land owned in fee simple by the Pennsylvania Power and Light Company. The southern border of the 98 acre tract is along U.S. Highway 11, Carlisle Pike. Privately owned acreage used for agricultural purposes as well as land owned by the National Park Service used for the Appalachian National Scenic Trail abut the north, west, and northwest boundaries of the 98 acre tract. It is contiguous to land owned by the National Park Service, some of which was recently acquired by the Park Service through other condemnation actions.

In December 1985, the government first contacted the DiSantos concerning their property. At that time, the DiSantos refused to discuss the government’s proposal to acquire 27.93 acres, which lay in the northwest region of the 98 acre tract. They also refused to authorize a government appraisal. From December 1985 to July 1987, the government and the DiSan-tos discussed a possible purchase, but no agreement was reached. On July 28, 1987, the government filed in the district court a complaint in condemnation and a notice of condemnation to acquire the 27.93 acre tract for the Appalachian National Scenic Trail.1

At the time that formal condemnation proceedings were initiated, the DiSantos’ 98 acre tract was subject to two zoning classifications. A strip of the DiSantos’ land abutting Carlisle Pike and lying along the southern border of the 98 acre tract was zoned “C-2 Highway Commercial District.” That strip constituted approximately 28 acres of the 98 acre tract. A large portion of the 28 acre commercial strip fell within the 100 year floodplain in which improved uses were restricted by the Silver Spring Township Flood Plain ordinance. The remainder of the 98 acre tract, including the entire 27.93 acre tract sought by the government, was zoned agricultural but permitted some residential development.

In 1987, the Township began to devise a comprehensive plan that included a proposed enterprise district. Under the proposed enterprise district significant portions of the agricultural property in the Township were to be rezoned commercial. The details of the commercial zoning as well as the parameters of the enterprise district were changed on numerous occa[509]*509sions, and neither was finalized until the enterprise district was approved and adopted by the Township on December 27, 1989.

From late July 1987 to December 1988, the government and the DiSantos engaged in settlement discussions, but they were unable to agree upon the value of the condemned tract. Consequently, on December 13, 1988, the government notified the district court that no settlement agreement would be reached by December 30, 1988, and requested that the district court put the case on its docket. The case was listed on January 5, 1989, but continued.

On January 31, 1989, the DiSantos filed an application with the Township planning board requesting that all their acreage be rezoned C-2 Highway Commercial. The Township planning board recommended approval of the application. The application then was sent to the Cumberland County Planning Commission (the “Planning Commission”).

On February 2, 1989, the district court scheduled a jury trial for June 1989 and ordered that discovery be completed by May 1, 1989. Prior to the close of discovery, the DiSantos’ counsel informed the government that the DiSantos’ application for rezoning their property commercial had been “tentatively approved” and that the DiSantos’ expert appraised the property as commercial rather than agricultural. Thereafter the parties agreed to file a joint motion to permit discovery of the basis for the commercial appraisal and to postpone trial. The court extended the discovery deadline to July 7, 1989, and set the trial date for August 4, 1989.

On May 18, 1989, the Planning Commission recommended to the Township Board of Supervisors, (the “Board”), that the Di-Santos’ request to rezone their property C-2 Highway Commercial be denied. The Planning Commission offered four reasons for its recommendation: (1) the proposed change was not consistent with the Township’s future land use; (2) the proposed change was inconsistent with the Township’s Comprehensive Plan that identifies the tract as being preserved for agricultural use; (3) the increased traffic could negatively impact Carlisle Pike, the town of New Kingston, and pedestrian safety near the Appalachian Trail; and (4) the enterprise district should be in place before any major rezoning along Carlisle Pike was considered.

The DiSantos’ rezoning request was considered by the Board at its meeting on July 26, 1989. At that meeting, the DiSantos’ prospective development plans were described. It was represented to the Board that some of the DiSantos’ land was included in the present version of the proposed enterprise district.

When questioned by the Board, the Di-Santos’ representative acknowledged that the DiSantos requested that all of their land be rezoned C-2 Highway Commercial, including the 27.93 acres sought by the government. The DiSantos’ representative stated that the DiSantos did not intend to use the requested zoning change to obtain a higher price from the government for the condemned tract.

At the July 26 meeting, some citizens spoke in opposition to the DiSantos’ rezoning request. In addition, the Township engineer stated that the Township’s present residual capacity was not sufficient to service the development that the DiSantos had proposed. In addition, the Board noted that the DiSantos requested C-2 Highway Commercial zoning might prove inconsistent with the commercial zoning included in the proposed enterprise district. Finally, the Board mentioned that it had received a letter from the government concerning the DiSantos’ rezoning request. The letter stated that the government opposed the rezoning request for the land adjacent to the Appalachian Trial because agricultural zoning “offered a high degree of protection” and “the most appropriate environment” for the Appalachian Trail.

On July 28, 1989, the government filed a motion in limine requesting that the district court bar the DiSantos from introducing evidence of the highest and best use of the tract for any other than agricultural purposes. The government’s motion also requested the district court to exclude evi[510]

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Bluebook (online)
924 F.2d 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-2793-acres-of-land-more-or-less-situate-in-cumberland-ca3-1991.