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LASHER (ET AL. v. ALLEGHENY COUNTY REDEVELOPMENT AUTHORITY (12/14/67)

decided: December 14, 1967.

LASHER (ET AL., APPELLANT)
v.
ALLEGHENY COUNTY REDEVELOPMENT AUTHORITY



Appeal from order of Court of Common Pleas of Allegheny County, July T., 1965, No. 212, in case of J. H. Lasher et al. v. Redevelopment Authority of Allegheny County.

COUNSEL

Milton I. Watzman, with him Watzman & Watzman, for appellant.

Alan L. Ackerman, with him Sylvan Libson, for appellee.

Ervin, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Wright, J., absent). Opinion by Jacobs, J.

Author: Jacobs

[ 211 Pa. Super. Page 410]

This appeal involves a construction of Section 609 of the Eminent Domain Code, Act of June 22, Special Sessions, 1964, P. L. 84, 26 P.S. § 1-101 et seq. Section 609 allows business dislocation damages to a condemnee. The viewers awarded Crichley dislocation damages of $3,600. The authority appealed to the court below and, with the consent of the other parties, asked the court to determine preliminarily under Section 517 of the Eminent Domain Code, 26 P.S. § 1-517, the proper method of computing Crichley's dislocation damages under Section 609. The court below determined that the viewers had incorrectly computed Crichley's dislocation damages and changed their award to $250. Crichley has appealed.*fn1 We affirm.

The facts are not in dispute and may be stated as follows: On August 5, 1964, the Redevelopment Authority of Allegheny County, appellee herein, condemned the property at 108 Pine Street, Borough of Carnegie. The owner of the property was J. H. Lasher, by virtue of a deed dated April 1, 1957, from Charles and Mary Lou Crichley. Charles Crichley occupied the premises in the conduct of a lumber and lumber mill business from 1929 to February 1966. From the time of the conveyance, April 1, 1957, until February 1, 1966, Crichley's occupancy was continuous under a mutually advantageous arrangement with Lasher respecting purchase and storage of lumber. No rent was paid, no lease was signed. Crichley's testimony before the viewers was as follows:

[ 211 Pa. Super. Page 411]

"Q. Did you have any arrangement with him concerning your occupancy of those premises?

"A. No real definite -- but I was buying considerable lumber from him, etc., and sometimes storing some for him.

"Q. And those are the arrangements you had -- is that correct?

"A. Yes sir."

Compensation for business dislocation could not be recovered under prior law. Section 609 of the Eminent Domain Code ...


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