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CARLYNTON SCHOOL DISTRICT v. RAYMOND T. HAYS AND JANET E. HAYS (05/29/87)

decided: May 29, 1987.

CARLYNTON SCHOOL DISTRICT, APPELLANT
v.
RAYMOND T. HAYS AND JANET E. HAYS, HIS WIFE, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Raymond T. Hays and Janet E. Hays, his wife v. Carlynton School District, No. GD 81-26191.

COUNSEL

Larry P. Gaitens, with him, Vincent A. Tucceri, Gaitens & Tucceri, P.C., for appellant.

Thomas J. Dempsey, for appellees.

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

Author: Kalish

[ 106 Pa. Commw. Page 384]

This is an appeal of an order of the Court of Common Pleas of Allegheny County concerning an eminent domain case which involves an award of special damages. At trial, it was stipulated that appellees, Raymond T. Hays and Janet E. Hays, were paid $53,000 as general damages. Appellant, Carlynton School District, appeals a jury award of special damages as follows:

Damages for replacement housing $4,000

Damages for search expenses 2,034

Business dislocation damages 10,000

Total $16,034

Appellant does not contest the award for search expenses. We affirm the trial court's award of special damages.

[ 106 Pa. Commw. Page 385]

Our scope of review is to determine whether the trial court committed an error of law. Pidstawski v. South Whitehall Township, 33 Pa. ...


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