Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Lillian Snyder v. Commonwealth of Pennsylvania, Department of Highways, Premises: 104 N. Delaware Avenue, No. 1655 July Term, 1970.
Leon W. Silverman, for appellant.
Alan K. Silberstein, for appellee, Commonwealth.
Richard D. Solo, for appellee, Weiss.
Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Kramer.
This is an appeal by Lillian Snyder (Snyder), from an order of the Court of Common Pleas of Philadelphia County, dated December 12, 1973, which entered a judgment in favor of Jack Weiss (Weiss) for damages resulting
from a condemnation of Snyder's property by the Pennsylvania Department of Transportation (PennDOT).
On July 15, 1970, PennDOT condemned the premises located at 104 North Delaware Avenue, Philadelphia. Snyder was the owner of the condemned premises, and Weiss was a tenant at the time of the condemnation. PennDOT appraised the machinery and equipment on the condemned premises at $11,915.00, but both Weiss and Snyder claimed payment should be made to them. After Weiss had applied for payment and failed to obtain it, he filed, on February 25, 1972, a petition to compel payment of estimated just compensation pursuant to section 407(b) of the Eminent Domain Code (Code), Act of June 22, 1964, Sp. Sess. P.L. 84, as amended, 26 P.S. § 1-407(b) (Supp. 1974-1975). On March 3, 1972, Snyder filed a petition to intervene, denying the allegations of Weiss' petition, and asserting that she was the owner of the subject machinery and equipment. Snyder did not, however, contend that the matter should be remanded to the board of view. On the contrary, Snyder attached to her petition a suggested order, asking the court, after hearing, to award estimated just compensation to Snyder. On March 13, 1972, PennDOT filed an answer to Weiss' petition which denied Weiss' allegations and requested that the matter be remanded to the board of view for a hearing pursuant to section 507 of the Code, 26 P.S. § 1-507 (Supp. 1974-1975). On March 24, 1972, the lower court granted the petition to intervene which had been filed by Snyder and ordered the parties to proceed to take depositions regarding the issue of who was entitled to damages. However, on July 20, 1972, the lower court granted PennDOT's request for a remand by (1) dismissing Weiss' petition to compel payment of estimated just compensation and (2) remanding the matter to the board of view for a resolution of the dispute between the landowner and tenant. The issue was not resolved by the board of view, however, apparently because the parties
agreed that it would be easier to have the court dispose of the simple factual issue involved in the case. On November 1, 1973, the ...