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HASENFLU v. COMMONWEALTH. (03/20/62)

March 20, 1962

HASENFLU, APPELLANT,
v.
COMMONWEALTH.



Appeal, No. 122, March T., 1961, from judgment of Court of Common Pleas of Mercer County, March T., 1959, No. 55, in case of John D. Hasenflu v. Commonwealth of Pennsylvania and City of Sharon. Judgment reversed.

COUNSEL

Donald R. McKay, with him Wiesen, Cusick, Madden, Joyce, Acker & McKay, for appellant.

Frank E. Roda, Special Assistant Attorney General, with him Donald Blanken, and Robert Cunliffe, Assistant Attorneys General, John R. Rezzolla, Jr., Chief Counsel, and David Stahl, Attorney General, for Commonwealth, appellee.

Before Bell, C.j., Musmanno, Jones, Cohen and Eagen, JJ.

Author: Jones

[ 406 Pa. Page 632]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

The basic question raised on this appeal is whether the court below erred in refusing a new trial to the landowner in an eminent domain proceeding.

On September 2, 1954 - the date of condemnation by the Commonwealth - John D. Hasenflu (Hasenflu) owned a three acre tract of land in Sharon, Pa. On this land four buildings were at that time located; a frame building used generally for office purposes, a large brick building used for storage and warehouse purposes, an eight stall brick garage of which seven stalls were used for Hasenflu's equipment and one stall as an employees' washroom and a four stall frame garage.

[ 406 Pa. Page 633]

Upon this land, Hasenflu, at that time and for some years prior thereto, conducted a retail coal and builders' supply business.

This irregular shaped land was bounded on the west by a public highway of the City of Sharon (known as Walnut Street), which ran generally north-south, on the north - separated by Erie Railroad tracks and right of way - a state highway then known as Pine Hollow Boulevard (Boulevard) and on the east and south by lands owned by persons other than Hasenflu. From the south Walnut Street approached the Boulevard at a steep downgrade and, at the intersection with the Boulevard, came to grade with Hasenflu's land; the Boulevard was generally at grade with Hasenflu's land.

On September 2, 1954, the Governor of the Commonwealth approved a condemnation and construction plan which provided for the widening and reconstruction of the Boulevard henceforth to be known as Shenango Freeway (Freeway). Under this plan, Walnut Street was to be located a short distance to the west and to form in part Sharon Bypass (Bypass). This plan was approved by an ordinance of the City of Sharon under the provisions of the Act of June 1, 1945, P.L. 1242, 36 PS ยง 670-523.

Hasenflu petitioned the Court of Common Pleas of Mercer County for and a board of view was appointed. After hearing, the board of view awarded Hasenflu $52,825 and from that award both Hasenflu and the Commonwealth appealed. After a trial before Judge HERMAN M. RODGERS and a jury, the jury returned a verdict against Hasenflu and in favor of the Commonwealth. A motion for a ...


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