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REDEVELOPMENT AUTHORITY CITY PHILADELPHIA v. KENTON A. LITTLE (07/25/80)

decided: July 25, 1980.

REDEVELOPMENT AUTHORITY OF THE CITY OF PHILADELPHIA, APPELLANT
v.
KENTON A. LITTLE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Kenton A. Little v. Redevelopment Authority of the City of Philadelphia, No. 2195 March Term, 1969.

COUNSEL

Lawrence S. Rosenwald, Rosenwald & Pollack, for appellant.

Leon W. Tucker, with him Austin Norris, for appellee.

President Judge Crumlish, Jr. and Judges Craig and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish. Judge Williams, Jr., dissents.

Author: Crumlish

[ 53 Pa. Commw. Page 256]

The Philadelphia Common Pleas Court ordered the Redevelopment Authority of Philadelphia (Authority/Condemnor) to pay delay damages to Kenton A. Little for the confiscation of his hotel liquor license under the Eminent Domain Code.*fn1 The Authority appeals.

We reverse.

On March 10, 1969, the Redevelopment Authority of Philadelphia condemned the hotel, bar and restaurant of Kenton A. Little (Condemnee) located at 818-822 Columbia Avenue, Philadelphia, Pennsylvania. Damages were assessed by the Board of View (Board) at $60,000. Little appealed the award, contending that the Board had improperly failed to consider the value of his hotel liquor license as an element of damages.

On June 22, 1977, the Common Pleas Court*fn2 awarded $25,000 for the liquor license claim. The court made no mention of delay damages and no finding as to the date from which delay damages or interest should accrue as required by Section 518 of the Eminent Domain Code.*fn3 Little did not appeal.

[ 53 Pa. Commw. Page 257]

The Authority filed timely exceptions to the award*fn4 which were dismissed September 26, 1977, and a subsequent appeal to this Court, which was withdrawn December 27, 1977.

In October, 1978, almost one year after the court's award, Little filed a motion to compel the Authority to pay delay damages. The Authority admitted delay damages were due on machinery, equipment and real estate, but refused to pay delayed compensation for the liquor license.

By order and opinion dated December 15, 1978, the Authority was directed to make payment for ...


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