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JOHN BOSACCO AND L.J. RENDIN v. REDEVELOPMENT AUTHORITY CITY CHESTER (04/25/83)

decided: April 25, 1983.

JOHN BOSACCO AND L.J. RENDIN, APPELLANTS,
v.
REDEVELOPMENT AUTHORITY OF THE CITY OF CHESTER, APPELLEES



No. 81-3-362, Appeal from the Order of the Commonwealth Court, No. 690 C.D. 1980, Dated August 25, 1980, 53 Pa. Commonwealth Ct. 550, 417 A.2d 1350 (1980)

COUNSEL

Robert C. Daniels, Philadelphia, for appellants.

Samuel M. Tollen, Chester, for appellees.

Roberts, C.j., and Nix, Flaherty, McDermott, Hutchinson and Zappala, JJ. Larsen, J., did not participate in the consideration or decision of this case.

Author: Hutchinson

[ 500 Pa. Page 520]

OPINION OF THE COURT

John Bosacco and L.J. Rendin (condemnees) appeal by allowance an Order of Commonwealth Court affirming an Order of Delaware County Common Pleas. Common Pleas permitted the Redevelopment Authority of the City of Chester (condemnor) to unilaterally withdraw its appeal from the award of a Board of View after the resulting de novo trial ended to its disadvantage.

Upon consideration we have concluded Commonwealth Court incorrectly extended Farrington v. Pennsylvania Department of Transportation, 35 Pa. Commonwealth Ct. 373, 387 A.2d 136 (1977), aff'd per curiam, 489 Pa. 400, 414 A.2d 128 (1980) by holding a party to an eminent domain proceeding can unilaterally withdraw its appeal after a trial de novo. We therefore reverse the Commonwealth Court, 53 Pa. Commw. 550, 417 A.2d 1350.

The history pertinent to the procedural issue we must resolve follows. After an evidentiary hearing, a Board of View awarded damages to condemnees in the amount of $120,000.00, plus $500.00 for counsel fees, for the condemnation of a three story office building in the City of Chester. Condemnor filed a timely appeal to Common Pleas pursuant to Section 515 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. ยง 1-515. Condemnees did not take a separate appeal. After trial de novo, the jury returned a verdict of $250,000.00 in favor of condemnees.

Condemnee entered judgment on that award. Common Pleas' denied condemnor's motion for a new trial and it appealed to Commonwealth Court. The Commonwealth

[ 500 Pa. Page 521]

Court reversed and remanded to Common Pleas for a new trial. Redevelopment Authority, City of Chester v. Bosacco, 46 Pa. Commonwealth Ct. 242, 406 A.2d 1163 (1979).*fn1 Before that second trial, Common Pleas permitted condemnor to withdraw its appeal from the Board of View by simple praecipe.

In permitting condemnor to unilaterally withdraw its appeal from the Board of View, Common Pleas relied on Farrington, supra. In Farrington the Commonwealth Court allowed condemnees to unilaterally withdraw their appeal from an ...


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