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SELIGSOHN APPEAL. (03/19/63)

March 19, 1963

SELIGSOHN APPEAL.


Appeals, Nos. 304 and 305, Jan. T., 1962, from decree and order of Court of Common Pleas No. 3 of Philadelphia County, Dec. T., 1961, No. 4618, in the matter of Philadelphia Parking Authority, Eighth and Filbert Streets project. Appeal from decree quashed; appeal from order dismissed; reargument refused April 18, 1963.

COUNSEL

Nathan B. Feinstein, with him Reuben E. Cohen, and Cohen, Shapiro and Cohen, for appellant.

Harry Shapiro, with him David N. Bressler, and Shapiro, Rosenfeld, Stalberg & Cook, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

Author: Jones

[ 410 Pa. Page 272]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

The Philadelphia Parking Authority (Authority), proposing to erect a public parking garage in the vicinity of 8th and Filbert Streets, Philadelphia, on February 23, 1962 adopted a resolution condemning certain specified property (appraised at $1,548,500) in that area, including property located at the northeast corner of 8th and Filbert Streets owned by Frances H. Seligsohn (appellant). On March 1, 1962, the Authority petitioned Court of Common Pleas No. 3 of Philadelphia County for the appointment of a board of viewers and, on March 5, 1962, a board of viewers was appointed.

On March 6, 1962, the Authority filed a petition in the same court for leave to file its bond*fn1 and the court granted a rule upon the appellant to show cause why the Authority should not be permitted to file its bond. On March 28, 1962, the appellant filed preliminary objections*fn2 to which the Authority made answer the next day. After a hearing on April 2, 1962, the court on April 4, 1962 entered an order and a Decree. The order provided: "April 4, 1962. Preliminary objections of [appellant] are overruled. Rule for leave to file a bond made absolute. Bond to be entered in the sum of $3,000,000, see decree, MILNER, P.J." The decree provided: "And Now, to wit, this 4th day of APRIL, A.D. 1962, upon consideration of the within petition and upon motion of [counsel for the Authority], the Court orders and decrees that leave be granted [the Authority] to file its bond in the sum of $3,000,000 to secure the payment of damages that may be agreed upon or assessed according to law to the owners of, or

[ 410 Pa. Page 273]

    persons entitled thereto, by reasons of the taking and appropriating of the premises within described. Upon filing of said bond, [the Authority] is authorized to take possession of said properties for the use set forth in the Petition. BY THE COURT, BYRON A. MILNER, P.J."

On April 12, 1962, the appellant filed two separate appeals in this Court: (1) an appeal (No. 304) from the order overruling the preliminary objections and (2) an appeal (No. 305) from the decree granting leave to the Authority to file its bond.

On September 10, 1962, the Authority moved to quash both appeals on the ground that both the order and decree were interlocutory in nature. In answer to the motions to quash, appellant takes the position: (a) that the appeal from the order raises a jurisdictional question under the Act of March 5, 1925, P.L. 23, § 1, 12 PS § 672; (b) that that portion of the decree which ...


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