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SCHENCK v. PITTSBURGH ET AL. (01/11/50)

January 11, 1950

SCHENCK
v.
PITTSBURGH ET AL.



Original jurisdiction, No. 50, March T., 1950, bill in equity in case of Albert W. Schenck v. City of Pittsburgh et al. Bill dismissed; reargument refused January 30, 1950.

COUNSEL

Robert Van der Voort, for plaintiff.

Anne X. Alpern, City Solicitor, for City of Pittsburgh and individual defendants.

Theodore L. Hazlett, Jr., for Urban Redevelopment Authority of Pittsburgh.

Charles E. Kenworthey, with him Ralph H. Demmler, Robert J. Dodds, and Reed, Smith, Shaw & McClay, for Equitable Life Assurance Society of the United States.

Harry F. Stambaugh, Special Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Commonwealth.

Howard E. Stern, with him Milton C. Sharp, for Redevelopment Authority of the City of Philadelphia.

Irving W. Backman, for intervenors.

Before Maxey, C.j., Drew, Linn, Stern, Patterson, Stearne and Jones, JJ.

Author: Stern

[ 364 Pa. Page 33]

OPINION BY MR. JUSTICE HORACE STERN

Because of the great importance to the City of Pittsburgh of the redevelopment project which is here under attack, and because of circumstances that require a prompt adjudication of the issue now raised as to its legality, we took original jurisdiction of these proceedings.

Plaintiff is the part owner of a property at 420-422 Penn Avenue, Pittsburgh; the intervening plaintiffs own, respectively, properties at 416-418 Penn Avenue, 427 Liberty Avenue, and 429 Liberty Avenue. Plaintiff filed the present bill in equity for an injunction against the carrying out, under the Urban Redevelopment Law of May 24, 1945, P.L. 991, of a project for the redevelopment of a tract of land on which these properties are situated, -- a tract which, constituting the original site of the City of Pittsburgh, is now covered almost exclusively by buildings devoted to commercial and industrial uses. The City Planning Commission certified approximately 59 acres which lie immediately to the east of the Point in Pittsburgh's "Golden Triangle" as a "blighted" area, and prepared a plan for its redevelopment. The Commonwealth of Pennsylvania had already acquired the westernmost 36 acres of this tract for the purpose of creating there a public park. The Urban Redevelopment Authority of Pittsburgh drafted a proposal for the redevelopment of the remaining 23 acres extending from Duquesne Way to Water Street and bounded on the east by Stanwix Street and Ferry Street; included therein was a proposed ...


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