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REDEVELOPMENT AUTHORITY CITY WILKES-BARRE v. STANLEY SERAFIN AND MARY A. SERAFIN (10/28/76)

decided: October 28, 1976.

REDEVELOPMENT AUTHORITY OF THE CITY OF WILKES-BARRE
v.
STANLEY SERAFIN AND MARY A. SERAFIN, HIS WIFE, STANLEY SERAFIN TRUCKING, OR ANY OTHER PERSON OR PERSONS FOUND TO HAVE AN INTEREST IN THE PROPERTY. STANLEY SERAFIN, ET AL., APPELLANTS



Appeal from the Order of the Court of Common Pleas of Luzerne County in case of Redevelopment Authority of the City of Wilkes-Barre v. Stanley Serafin and Mary A. Serafin, his wife; Stanley Serafin Trucking, No. 5055 of 1975.

COUNSEL

Paul E. Kanjorski, with him Kanjorski & Kanjorski, for appellants.

Donald D. McFadden, with him Flanagan, Doran, Biscontini & Shaffer, for appellee.

President Judge Bowman and Judges Crumlish, Jr., and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 27 Pa. Commw. Page 339]

In the case at bar, preliminary objections were filed by Stanley Serafin and Mary, his wife, et al. (Appellants) to a declaration of taking of the Redevelopment Authority of the City of Wilkes-Barre (Appellee). The Court of Common Pleas dismissed these objections. Judge Podcasy has most ably presented both the facts and law in his opinion below, and for these reasons, we adopt his opinion, which as yet is unreported. That opinion states:

"We have before us Preliminary Objections filed by defendants, Stanley Serafin and Mary A. Serafin,

[ 27 Pa. Commw. Page 340]

    husband and wife, to a Declaration of Taking filed by the Redevelopment Authority of the City of Wilkes-Barre by virtue of which the Authority seeks to condemn premises owned by defendants situated at 398-400 North Pennsylvania Avenue in the City of Wilkes-Barre.

"The first three Preliminary Objections raise issues in reference to citation of statutory authority, non-averment of blighted condition of the specific premises, and non-averment of public purpose. None of these three objections were pursued by defendants in oral argument or in counsel's Argument Brief. We therefore find these three initial objections to have been abandoned as without substantial merit.

"The fourth objection, and the only objection pressed by defendants' counsel, is that the Redevelopment Authority, in seeking to condemn defendants' premises, is acting arbitrarily, capriciously, and in bad faith.

"After full consideration of the pleadings and arguments of counsel, and after full and detailed examination of the depositions of Leon Case, executive Director of the Authority, and Stanley Serafin, the male defendant, we find ourselves compelled to dismiss defendants' fourth objection for failure of proof.

"Mr. Case testified, without contradiction, that defendants' premises are within an urban renewal project known as the North End Neighborhood Development, that the North End area was certified blighted by the Wilkes-Barre Planning Commission on January 17, 1969, and that renewal of the area was recommended to the Wilkes-Barre City ...


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