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PITTSBURGH URBAN REDEVELOPMENT AUTHORITY v. CLEBAN ET UX. (03/19/70)

decided: March 19, 1970.

PITTSBURGH URBAN REDEVELOPMENT AUTHORITY
v.
CLEBAN ET UX., APPELLANTS



Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, No. 3967 of 1967, in case of Urban Redevelopment Authority of Pittsburgh v. Martin Cleban et ux.

COUNSEL

Leonard M. Mendelson, with him William S. Hays, for appellants.

Richard W. Kelly, with him William G. Sutter, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Cercone, J. Concurring Opinion by Hoffman, J.

Author: Cercone

[ 216 Pa. Super. Page 270]

A Case Stated in Assumpsit was filed in the County Court of Allegheny County (now Common Pleas) to determine whether or not the Urban Redevelopment Authority was entitled to collect rent from Martin Cleban and Ray Cleban, his wife, trading as Blue Ribbon Fruit Market, for the use and occupancy after condemnation of premises located at 6201 Penn Avenue, Pittsburgh, Pennsylvania, from July 16, 1966 until May 17, 1967. In an amendment to the Case Stated the parties agreed that $162.50 was a fair monthly value if rent was found due and owing. The matter was placed on the Argument List and presented to the court en banc upon oral argument and briefs. After deliberation the court entered judgment for the Authority and against the Clebans in the amount of $1,625.00. The Clebans

[ 216 Pa. Super. Page 271]

    have appealed to this court contending that the order against them for the payment of rent is without authority of law. The facts agreed to between the parties are as follows:

On September 10, 1965 the Authority condemned the property located at 6201 Penn Avenue, Pittsburgh, as part of its East Liberty Urban Redevelopment Project. At that time, the Clebans were tenants of the property under a month-to-month lease at a rental of $325.00 monthly. A copy of the Declaration of Taking was duly served on Clebans on September 17, 1965. On March 17, 1966 the Authority sent the Clebans the following letter, attached as an Exhibit to the Case Stated:

"Dear Mr. Cleban:

The Urban Redevelopment Authority of Pittsburgh Condemned the property above captioned which you are now occupying on September 15, 1965*fn1 by a Declaration of Taking filed in the Court of Common Pleas of Allegheny County, Pennsylvania, at No. 3000 October Term, 1965. This letter is sent to you, as required by law, so that the Authority may perfect its right to possession of this property.*fn*

In order to complete the legal steps necessary for the condemnation of the above property the Urban Redevelopment Authority of Pittsburgh hereby offers to pay you $1.00 for the taking and appropriation of the property. You are entitled to reasonable relocation expenses and, if qualified, dislocation damages. To determine the amount of those damages we urge that you discuss the matter with our staff at the East Liberty Field Office, 5814 Penn Avenue.*fn*

If the property is not immediately needed by the Authority and you should desire to remain in possession

[ 216 Pa. Super. Page 272]

    until it is needed, a representative of this office will contact you to arrange for the payment of your rent*fn* and to discuss other terms concerning your occupancy of the premises. Otherwise, you are advised to proceed with your relocation immediately.*fn*

Upon receipt of this letter, you are requested to contact Mr. Daniel Pietragallo, Manager of the East Liberty Field Office. The phone number is 441-7210.

Very truly ...


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