Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1966, No. 1472, in case of Lectronic Distributors, Inc. v. The Redevelopment Authority of the City of Philadelphia.
Lewis Kates, with him Kates, Livesey & Edelstein, for appellant.
M. Patricia Harkins, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Montgomery, J.
[ 217 Pa. Super. Page 311]
This is an appeal by Lectronic Distributors, Inc. (Lectronic), from the order of the Court of Common Pleas of Philadelphia which confirmed the report of a Board of View refusing to award business dislocation damages under Section 609 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P. L. 84, Art. I, 26 P.S. § 1-101 et seq., to appellant as tenant of real property which was condemned by the Redevelopment Authority of the City of Philadelphia (Authority) on December 29, 1966.
This appeal involves the construction of § 609 of the Eminent Domain Code under the undisputed facts, which follow. For many years prior to the date of taking Lectronic, a retail distributor of electronic manufacturing parts, occupied the first floor and basement of the condemned premises, 727 Arch Street, Philadelphia,
[ 217 Pa. Super. Page 312]
Pennsylvania, under a written lease, which at the time of taking had eleven months remaining at a monthly rental of $412.50. "The Lease provided for automatic renewals on a yearly basis and also provided for termination upon condemnation of the demised premises."*fn1 Lectronic remained in possession until February 1, 1968, which was over two months after the original term of the lease would have expired. After Lectronic vacated the premises it presented to the Board of View a claim for machinery and equipment damage, under § 608 of the Eminent Domain Code, which was granted by the Board in the amount of $4,709. It also presented a claim in the amount of $4,537.50 for business dislocation damages under § 609*fn2 of the Eminent Domain Code, which was denied by the Board. However, the Board granted all Lectronic's requests for findings of fact and found as follows:
"1. Condemnee [Lectronic] sustained a substantial loss of patronage upon its vacating of the condemned premises on February 1, 1968.
[ 217 Pa. Super. Page 313]
"2. Condemnee's vacating of the premises on February 1, 1968, was the result of the condemnation by the Redevelopment Authority of the City of Philadelphia.
"3. Condemnee had eleven months remaining on its lease from the date of condemnation and the ...