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COUNTY ALLEGHENY v. LYDA M. GRAY (08/08/78)

decided: August 8, 1978.

COUNTY OF ALLEGHENY, APPELLANT
v.
LYDA M. GRAY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Lyda M. Gray v. County of Allegheny, No. 661 July Term, 1974.

COUNSEL

Samuel P. Kamin, Assistant County Solicitor, with him Alexander J. Jaffurs, County Solicitor, for appellant.

Leonard M. Mendelson, with him Hollinshead and Mendelson, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge DiSalle did not participate. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 37 Pa. Commw. Page 155]

The County of Allegheny (County) appeals an order of the Court of Common Pleas awarding Lyda M. Gray (Appellee) $3,464.00 as special damages under Section 603-A(a)(2) of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, added by the Act of December 29, 1971, P.L. 643, 26 P.S. § 1-603A(a)(2).

Pursuant to an agreement of sale, County acquired the property and home of Appellee to allow for expansion of the Greater Pittsburgh International Airport. County paid Appellee $110,000 for the property. Subsequently, Appellee purchased a replacement home for $22,900. Incident to this purchase, Appellee was reimbursed for her closing expenses and her moving expenses were also paid by County. The parties entered

[ 37 Pa. Commw. Page 156]

    into a stipulation of facts before the court below which includes the following:

8. Plaintiff Lyda M. Gray at the time of the events referred to was a widow 77 years of age, was unemployed and had no source of income other than her Social Security, a retirement pension from her ex-employer of $65.00 per month and interest on a small savings account.

9. If Lyda M. Gray had not placed $22,900 in a savings account as security for a mortgage, she could not have obtained a mortgage because of her age and lack of income.

11. Plaintiff Lyda M. Gray has elected the benefits available under § 603A of the Eminent Domain Code in lieu ...


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