Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Condemnation by Urban Redevelopment Authority of Pittsburgh of Certain Land in the Twenty-Second and Twenty-Third Wards of the City of Pittsburgh, Allegheny County, Pennsylvania, Redevelopment Area No. 39 (North Shore) being Property: No. 767 of Ford Leasing Development Company, a Delaware Corporation or any other Persons Found to Have an Interest in the Property, No. 767 July Term, 1973C.
Richard W. Kelly, with him Richards & Kelly, Joseph Gariti, and Marion Popiel, for appellant.
John H. Morgan, with him Edward G. O'Connor, Peter C. Baggerman, and Eckert, Seamans, Cherin & Mellott, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.
[ 20 Pa. Commw. Page 169]
This is an appeal by the Urban Redevelopment Authority of Pittsburgh (Urban) from an order of the Court of Common Pleas of Allegheny County sustaining the preliminary objections of Ford Leasing Development Company (Ford) to a declaration of relinquishment filed by Urban.
The present controversy had its origin on February 23, 1973, at which time a letter was delivered from
[ 20 Pa. Commw. Page 170]
Urban to Ford in which Urban offered to purchase the property involved in this suit known as Parcel 6-A of Redevelopment Area No. 39, the North Shore Project. Thereafter, several other letters of correspondence passed between the parties concerning the sale of Ford's property to Urban.
At the same time as the above negotiations were taking place, proceedings to acquire Parcel 6-A through the powers of eminent domain were begun by Urban. On April 19, 1973, a declaration of taking was filed in the lower court by Urban against Parcel 6-A.
In early May 1973, Urban's plans to acquire Parcel 6-A changed drastically when it became clear that Urban would not be able to proceed on its North Shore Project because of a lack of funds. On May 7, 1973, Urban sent a letter to Ford asking that Ford consider not selling Parcel 6-A despite Urban's previous offer to buy. On May 31, 1973, Urban successfully petitioned the lower court to grant a thirty-day extension of the period for service of notice of the filing of its declaration of taking which had been filed on April 19, 1973 but which had not been served on Ford within a thirty-day period as provided by Section 405 of the Eminent Domain Code (Code).*fn1 On June 1, 1973, Urban filed a declaration of relinquishment with the lower court. Notice of the filing of this declaration and the declaration of taking was given Ford on June 4, 1973.
Ford filed preliminary objections to both declarations on July 5, 1973 but subsequently withdrew its objections to Urban's declaration ...