Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PETITION LOGAN J. HARR (04/09/86)

decided: April 9, 1986.

IN RE: THE PETITION OF LOGAN J. HARR, JR. AND EMMA E. HARR, HIS WIFE, TENANTS BY THE ENTIRETIES, FOR THE APPOINTMENT OF VIEWERS TO ASCERTAIN DAMAGES TO THEIR LAND IN UNITY TOWNSHIP, WESTMORELAND COUNTY, PENNSYLVANIA, BY REASON OF USE OF AND LOCATION OF THE GLIDE PATH AND LANDING APPROACH OF THE WESTMORELAND COUNTY AIRPORT AUTHORITY. WESTMORELAND COUNTY AIRPORT AUTHORITY, APPELLANT. IN RE: THE PETITION OF RONALD J. HARR AND PAULA A. HARR, HIS WIFE, TENANTS BY THE ENTIRETIES, FOR THE APPOINTMENT OF VIEWERS TO ASCERTAIN DAMAGES TO THEIR LAND IN UNITY TOWNSHIP, WESTMORELAND COUNTY, PENNSYLVANIA, BY REASON OF USE OF AND LOCATION OF THE GLIDE PATH AND LANDING APPROACH OF THE WESTMORELAND COUNTY AIRPORT AUTHORITY. WESTMORELAND COUNTY AIRPORT AUTHORITY, APPELLANT


Appeals from the Order of the Court of Common Pleas of Westmoreland County in the case of In Re: The Petition of Ronald J. Harr and Paula A. Harr, his wife, Tenants by the entireties, for the Appointment of Viewers to ascertain damages to their land in Unity Township, Westmoreland County, Pennsylvania, by reason of the use of and location of the Glide Path and Landing Approach of the Westmoreland County Airport Authority Runway, No. 6486 of 1984, and in the case of In Re: The Petition of Logan J. Harr, Jr. and Emma E. Harr, his wife, Tenants by the entireties, for the Appointment of Viewers to ascertain damages to their land in Unity Township, Westmoreland County, Pennsylvania, by reason of the use of and location of the Glide Path and Landing Approach of the Westmoreland County Airport Authority Runway, No. 6487 of 1984.

COUNSEL

Charles C. Mason, Jr., with him, Gene E. McDonald, Lightcap, McDonald, Moore & Mason, for appellant.

William J. Ober, Ober, Campfield, Ferraro & McCreary, for appellees.

Judge Craig, and Senior Judges Blatt and Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 96 Pa. Commw. Page 307]

Westmoreland County Airport Authority appeals from an order of the Court of Common Pleas of Westmoreland County dismissing the authority's preliminary

[ 96 Pa. Commw. Page 308]

    objections to homeowners' (Ronald J. and Paula A. Harr and Emma E. and Logan J. Harr, Jr.) petitions for the appointment of viewers alleging de facto eminent domain taking*fn1 as a consequence of the effect of air traffic to and from the Latrobe Airport upon their properties.

The court made the following undisputed factual findings. Homeowners Logan and Emma Harr have resided in a two-story farm house on their 94 acres of property since 1946. Their son and daughter-in-law, Ronald and Paula Harr, live in a home approximately 100 feet away on a small lot which his parents conveyed to them in 1963. The homeowners cultivate their land and raise beef cattle. The airport property and the homeowners' properties are adjacent to each other.

The homeowners' properties are 5,504 feet from the end of Runway 5-23 and will be 4,000 feet distant when the airport's runway expansion is completed. The centerline of Runway 5-23, when extended, passes over both properties, most directly over the residence of Logan and Emma Harr.

Annually there are 21,500 flight operations to and from the southwest, using Runway 5-23 and hence involving flights over the homeowners' properties. The number of flights per day averages 59, with heavier traffic in the summer.

Landings onto Runway 5-23, controlled by the visual approach slope indicator, pass over the homeowners' residences at an altitude of 279 to 291 feet.

One hundred thirty-two aircraft are based at the airport, half of which are single-engine aircraft. Occasional charter flights of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.