Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of A Condemnation Proceeding in Rem By The Redevelopment Authority of the City of Philadelphia for the Purpose of Redevelopment of Independence Mall Redevelopment Area, Independence Mall Urban Renewal Area, Unit No. 3, Philadelphia, including Certain Land, Improvements and Properties, No. 198 September Term, 1964.
Francis J. Moran, with him Richard D. Malmed and James D. Crawford, for appellant.
Leon W. Silverman, with him Stein & Silverman, for appellee.
Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Kramer. Judge Rogers concurs in the result only.
[ 11 Pa. Commw. Page 217]
This is an appeal filed by the Redevelopment Authority of the City of Philadelphia (Authority) from
[ 11 Pa. Commw. Page 218]
an Order of the Court of Common Pleas of Philadelphia County, dated May 24, 1973, granting a new trial to the United Novelty and Premium Company, Inc. (United Novelty) arising out of an eminent domain case.*fn1
On September 23, 1964, the Authority condemned the realty of United Novelty located at 425 Market Street in the City of Philadelphia. This plot of ground contained 4,059 square feet with a frontage on Market Street of 19 1/2 feet. It extended approximately 203 feet (the record contained several figures between 200 and 205 feet) and had a rear frontage of 20 feet on Commerce Street. The building was four stories high and had a finished basement. It was constructed of brick and had a fully automatic elevator and fire protection sprinkler system. This realty was located in an area of Philadelphia where "novelty, premium and toy companies" had developed their wholesale and retail businesses. United Novelty, the owner of the subject realty, was a corporation owned and controlled by three brothers, one of whom died subsequent to the taking. The brothers purchased the property in December, 1941, and later incorporated. The record clearly shows that the building was in good condition and that the entire
[ 11 Pa. Commw. Page 219]
building was used by United Novelty for its wholesale and retail toy sales and warehousing activities. It should also be noted that this property is located in what is known as The Independence Mall Redevelopment Area.
On October 15, 1964, a Board of View (Board) was appointed and a hearing held, after which the Board, on November 12, 1968, awarded the following damages to United Novelty:
"Premises: 425 Market Street and
PLot No. 192 on the Official Plan