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CUNFER v. CARBON AIRPORT AUTHORITY (05/27/64)

May 27, 1964

CUNFER
v.
CARBON AIRPORT AUTHORITY, APPELLANT.



Appeals, Nos. 172 and 173, Jan. T., 1964, from order of Court of Common Pleas of Carbon County, Sept. T., 1963, No. 3, in cases of Warren T. Cunfer v. Carbon Airport Authority; and Same v. J. H. Beers, Inc. Order vacated.

COUNSEL

John P. Lavelle, with him George A. Shutack, for appellants.

William B. Quinn, with him Prutzman and Quinn, for appellee.

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

Author: Jones

[ 414 Pa. Page 408]

OPINION BY MR. JUSTICE JONES

These appeals question the validity of an order of the Court of Common Pleas of Carbon County which issued a temporary injunction restraining Carbon Airport

[ 414 Pa. Page 409]

Authority (Authority), and J. H. Beers, Inc. (Beers), from entering upon an 18 acre tract of vacant land in Mahoning Township, Carbon County.

Pursuant to a resolution of the Commissioners of Carbon County, the Authority was created to acquire land upon which to construct an airport in the County. In 1963 the Authority selected a site of approximately 133 acres in Mahoning Township upon which to construct the airport. Of this tract the Authority acquired by purchase 115 acres, but were unable to acquire by purchase an additional 18 acres located in the center of the site. On November 6, 1963, the Authority condemned this 18 acre tract which was then owned by the Amandus Cunfer Estate, and on that date, representatives of the Authority went to the home of the personal representative of the Cunfer Estate and tendered the Authority's bond. The personal representative took the bond and gave it to estate counsel.

Twelve days thereafter, Beers, under the Authority's instructions, entered upon the 18 acre tract and began clearing it of trees and shrubbery. Three days thereafter, without the Authority's knowledge, the personal representative of the Cunfer Estate transferred by deed - recorded within 4 days - the 18 acre tract to Warren Cunfer (Cunfer).

On December 2, 1963, Cunfer, alleging that he was both owner of the tract as well as the assignee of all rights to damages which might result from condemnation of such tract, instituted an equity action in the Court of Common Pleas of Carbon County against the Authority and Beers. The basis of this equity action was that the bond tendered by the Authority, which contained no sureties, was neither accepted by nor acceptable to the Cunfer Estate. After hearing, the court issued a temporary ...


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