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SAYRE SCHEINER AND EDITH SCHEINER AND SCHEINER'S SCRAP YARD v. REDEVELOPMENT AUTHORITY CITY MCKEESPORT (09/16/83)

decided: September 16, 1983.

SAYRE SCHEINER AND EDITH SCHEINER AND SCHEINER'S SCRAP YARD, INC., APPELLANTS
v.
REDEVELOPMENT AUTHORITY OF THE CITY OF MCKEESPORT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of In the Matter of: Condemnation by Redevelopment Authority of the City of McKeesport, Allegheny County, Pennsylvania, for urban redevelopment purposes of certain property in the McKeesport Disaster Urban Renewal Project, Pa., R-442, in the City of McKeesport, Pennsylvania, being the property of: Sayre Scheiner and Edith Scheiner, his wife, owners of the real estate and Scheiner's Scrap Yard, Inc., owners of the business operation, machinery, equipment and personalty, No. G.D. 75-5086.

COUNSEL

Samuel J. Goldstein, for appellants.

Clifford A. Johns, Jr., for appellees.

Judges Blatt, Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 77 Pa. Commw. Page 182]

Sayre Scheiner and Edith Scheiner, his wife, together with Scheiner's Scrap Yard, Inc., have jointly appealed from an order of the Court of Common Pleas of Allegheny County denying their petition to strike or open a judgment in an eminent domain case.

Until 1975, Sayre and Edith Scheiner owned certain land in the City of McKeesport, Allegheny County. They leased their property to Scheiner's Scrap Yard, Inc., for the conduct of its business. In March of 1975, the lessors and the lessee joined in a petition for the appointment of viewers to assess condemnation damages against the Redevelopment Authority of the City of McKeesport (Authority). In addition to claiming damages for the lessors' land and for machinery and equipment of the lessee, the condemnees also asserted that the Authority's taking would completely dislocate the business of the lessee, Scheiner's Scrap Yard, Inc.*fn1

On April 13, 1977, the board of viewers entered an award granting $46,000 to Sayre and Edith Scheiner as realty damages. Against this sum the Authority

[ 77 Pa. Commw. Page 183]

    was given a credit of $38,000, which had been paid as estimated just compensation. The award also granted Mr. and Mrs. Scheiner $500 as an attorney fee, and provided that delay compensation would be calculated from August 21, 1975. As further damages, the viewers awarded $15,692 for the machinery and equipment. The award stated, however, that "nothing" was being allowed for business dislocation damages, because Scheiner's Scrap Yard, Inc., was still in possession of the premises.*fn2 The viewers' award was appealed by the condemnees to the Court of Common Pleas of Allegheny County; the Authority also took an appeal.

While the matter was pending before the Court of Common Pleas, the parties entered into negotiations. As a result of those negotiations a consent order was prepared, and was subsequently signed by counsel for the parties and by the court. The consent order, which was dated November 15, 1979, provided as follows:

AND NOW, to wit, this 15th day of November, 1979, it is hereby Ordered, Adjudged and Decred [sic] that judgment be entered in favor of Plaintiff-Condemnee in the total sum of $70,000.00. Said sum to include all claims of Plaintiff-Condemnee including real estate, machinery and equipment, business dislocation, attorney and appraisal fees, delay compensation and interest. The Defendant is to be given credit for an estimate of just compensation payment in the amount of $38,000.00, leaving a balance due the Plaintiff-Condemnee of $32,000.00. (Emphasis added.)

The condemnees do not dispute that the consent order was signed on behalf of Mr. and Mrs. Scheiner, and on behalf of ...


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