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FARIS APPEAL (06/27/69)

SUPREME COURT OF PENNSYLVANIA


decided: June 27, 1969.

FARIS APPEAL

Appeals from decree of Court of Common Pleas of Blair County, March T., 1968, Nos. 165 and 166, June T., 1968, No. 202, and Oct. T., 1968, No. 707, in re condemnation of premises 701-3-5 Chestnut Avenue and 1203-03 1/2 Seventh Street, etc., in the City of Altoona.

COUNSEL

Alexander A. Notopoulos, with him Abraham Colbus, and Goodman, Notopoulos & Silverman, for appellants.

Paul S. Foreman, with him Leo C. Mullen, and Mullen, Casanave & Foreman, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 435 Pa. Page 56]

The Redevelopment Authority of Altoona condemned appellants' properties upon which the Authority filed an open-end bond. Appellants filed preliminary objections contending that, since the Authority had no power of taxation and that its financial resources were questionable, the bond filed was of "insufficient security." The trial judge dismissed the preliminary objections without requiring an answer or holding a hearing. In so doing we feel that the lower court abused its discretion since a question of fact was raised by the preliminary objections as to the sufficiency of the security. In order to make a determination on the merits of that contention, an adequate

[ 435 Pa. Page 57]

    record should have been made. Hence we remand the case for proceedings upon which this determination can be based.

Appellants' contentions with respect to notice, negotiations, and statement of "need and purpose" have been examined and found to be without merit, and the determination of the lower court on these issues is affirmed.

Order modified and as modified affirmed; and remanded for proceedings consistent with this opinion.

Disposition

Order modified, and as modified, affirmed, and case remanded for further proceedings.

19690627

© 1998 VersusLaw Inc.



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