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REDEVELOPMENT AUTHORITY UNION COUNTY v. PROPERTY LOCATED WEST MILTON ON ROUTE 254 AT OLD READING RAILROAD STATION AND PENN CENTRAL ADVERTISING (11/05/86)

decided: November 5, 1986.

REDEVELOPMENT AUTHORITY OF UNION COUNTY, APPELLANT
v.
PROPERTY LOCATED IN WEST MILTON ON ROUTE 254 AT THE OLD READING RAILROAD STATION AND PENN CENTRAL ADVERTISING, INC., CONDEMNEE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Union County in the case of Property located in West Milton on Route 254 at the Old Reading Railroad Station and Penn Central Advertising, Inc., Condemnee v. Redevelopment Authority of Union County, No. 692 of 1982.

COUNSEL

Raymond J. Lobos, Groover and Lobos, for appellant.

John E. Person, III, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, for appellee.

Judges Doyle and Barry, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 101 Pa. Commw. Page 635]

Appellant, Redevelopment Authority of Union County (Redevelopment Authority), appeals an order of the Court of Common Pleas of Union County which sustained in part, and overruled in part, its preliminary objections to a petition for the Appointment of a Board of Viewers filed by appellee, Penn Central Advertising, Inc. (Penn Central). We affirm the trial court.

The court found that J. E. and B. C. Vincent owned a parcel of ground that was in the area of a flood control project of the Redevelopment Authority. On this property were two billboard advertising signs maintained by Penn Central pursuant to a lease. The lease was for a three-year term at an annual rental of $150, commencing

[ 101 Pa. Commw. Page 636]

March 1, 1979,110 with the option of Penn Central to extend the lease term from year to year under the same conditions.

When the three-year term expired, Penn Central did not formally exercise its option to renew for an additional year, but each successive year it sent a check for $150 at the beginning of the one-year renewal. These checks were accepted and cashed by the Vincents until March 1, 1981, when the Vincents returned the $150 check with a note of explanation that the Redevelopment Authority is in the process of acquiring this property and advising that the rental can be prorated from March 1, 1981.

Penn Central replied that upon notification of the Redevelopment Authority acquiring the property, it would send a prorated check. In June, 1981, the Vincents notified Penn Central of the actual taking settlement and that Penn Central must remove the signs by June 1, 1981. Penn Central sent a pro rata check from March 1981 to June 1981, to the Vincents.

On June 1, 1981, the Redevelopment Authority asked Penn Central to remove the signs, at which time "you will be entitled to relocation payments." The billboard signs were removed on August 14, 1981.

Penn Central filed a petition with the common pleas court, alleging a de facto taking seeking damages and/or moving expenses as a displaced person. The Redevelopment Authority filed ...


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