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TAKING EMINENT DOMAIN CERTAIN PARCELS REAL ESTATE LOCATED CENTRAL BUSINESS DISTRICT URBAN RENEWAL PROJECT #2 (12/11/75)

decided: December 11, 1975.

IN RE: TAKING IN EMINENT DOMAIN OF CERTAIN PARCELS OF REAL ESTATE LOCATED IN THE CENTRAL BUSINESS DISTRICT URBAN RENEWAL PROJECT #2, PROJECT PENNA. R-404 IN THE CITY OF BETHLEHEM, NORTHAMPTON COUNTY, PENNSYLVANIA, BY THE REDEVELOPMENT AUTHORITY OF THE CITY OF BETHLEHEM, PA. ALICE E. WEIDNER AND JAMES M. SMITH, ET AL. REDEVELOPMENT AUTHORITY OF THE CITY OF BETHLEHEM, APPELLANT


Appeal from the Order of the Court of Common Pleas of Northampton County in case of In Re: Taking in Eminent Domain of certain parcels of real estate located in the Central Business District Urban Renewal Project #2, Project Penna. R-404 in the City of Bethlehem, Northampton County, Pennsylvania, by the Redevelopment Authority of the City of Bethlehem, Pennsylvania. Alice E. Weidner and James M. Smith, et al. v. Redevelopment Authority of the City of Bethlehem, No. 33 April Term, 1973.

COUNSEL

Michael E. Riskin, for appellant.

James S. Palermo, for appellees.

Judges Mencer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 22 Pa. Commw. Page 313]

This is an appeal from an order of the Court of Common Pleas of Northampton County, sitting en banc, denying the motion of the Redevelopment Authority of the City of Bethlehem (condemnor) for a new trial in an eminent domain case.

The facts in this case are uncontested. Alice E. Weidner and James M. Smith, et al. (condemnees) were the owners of a property in the central business district of Bethlehem, Pennsylvania. On April 18, 1973, the condemnor filed a declaration of taking. A Board of View was appointed and awarded condemnees general damages in the amount of $114,000.00. Condemnees appealed to the Court of Common Pleas of Northampton County, where a jury returned damages to condemnees in the amount of $167,500.00.

The condemnor then entered a Motion for a New Trial before the court assigning, as the main reasons in support of its motion, that:

[ 22 Pa. Commw. Page 3141]

. It was reversible error for the trial court to admit, as evidence of a comparable sale, testimony of a sale of adjoining property made to the condemnor ;

2. It was error to refuse to strike testimony of a valuation by condemnees' expert witness based on a capitalization of economic rents rather than actual rents;

3. It was error to admit a comparable sale which had not been introduced at ...


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