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THOMAS B. WOLFE AND GRACE W. WOLFE v. REDEVELOPMENT AUTHORITY CITY JOHNSTOWN (01/25/71)

decided: January 25, 1971.

THOMAS B. WOLFE AND GRACE W. WOLFE, HUSBAND AND WIFE,
v.
REDEVELOPMENT AUTHORITY OF THE CITY OF JOHNSTOWN



Appeal from the judgment of the Court of Common Pleas of Cambria County, Civil Division, No. 531 June Term, 1969, in case of Thomas B. Wolfe and Grace W. Wolfe, husband and wife, v. Redevelopment Authority of the City of Johnstown. Appeal transferred September 14, 1970, to the Commonwealth Court of Pennsylvania, by the Supreme Court of Pennsylvania.

COUNSEL

Edward G. Kuyat, Jr., with him Franke, Ayers, Hager, Kuyat and Walker, for appellant.

Samuel R. DiFrancesco, Jr., with him Gleason, Gleason, Gleason, DiFrancesco and Shahade, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Barbieri. Opinion by Judge Kramer.

Author: Kramer

[ 1 Pa. Commw. Page 174]

This matter involves the condemnation by the Redevelopment Authority of the City of Johnstown, appellant-condemnor (defendant below) under the Emient Domain Code, Act of June 22, 1964, P.L. 84, of certain realty owned by the appellees-condemnees, Thomas B. Wolfe and Grace W. Wolfe, his wife (plaintiffs below), who are Florida residents. The realty involved consists of two contiguous parcels purchased at different times in 1956 and 1957. Thereafter the two structures on the parcels were converted into 16 furnished apartments. This property was operated as an investment business and was purchased and developed by the appellees to produce income for their retirement years.

It was stipulated that the first declaration of the taking of the entire Market Street West project occurred on December 20, 1966. The formal declaration of taking of appellee's property was filed in the Court of Common Pleas of Cambria County, Pennsylvania, on June 6, 1968.

Viewers were appointed by the court on October 3, 1968, and hearings were held, after which the viewers' report was filed April 7, 1969, making an award of $27,675.00 to the appellees. An appeal from that determination was made by both parties to the Court of Common Pleas, and a jury trial was held, during which the Judge and jury viewed the premises.

Presented at the trial were three opinions on the fair market value of this property, one by the husband

[ 1 Pa. Commw. Page 175]

    appellee in the amount of $40,000.00, one by an expert called by the appellees (Charles N. Glass), in the amount of $32,000.00, and a third by an expert called by the appellant (Wallace E. Williams), in the amount of $22,000.00. The jury returned a verdict in favor of appellees in the amount of $37,500.00.

The appellant filed a motion for a new trial, and the court by order dated December 11, 1969, dismissed the appellant's motion.

The appellant filed this appeal on January 19, 1970, before the Supreme Court of Pennsylvania, under the appeal ...


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