CONDEMNATION PRO., RED. AUTH., PHILA.

Nos. 1227.

25 Pa.Commw. 506 (1976)

A Condemnation Proceeding In Rem by the Redevelopment Authority of the City of Philadelphia for the Purpose of Redevelopment of Independence Mall Urban Renewal Area, Unit No. 3, Philadelphia, Including Certain Land, Improvements and Properties. Claim of: Peter Paone, t/a Market Street Stationers; Premises: 41 South 4th Street; Peter Paone, t/a Market Street Stationers, Appellant.

Commonwealth Court of Pennsylvania.

July 15, 1976.


Attorney(s) appearing for the Case

Lewis Kates, with him Kates & Livesey, for appellants.

Dennis L. Friedman, with him Peter A. Galante, for appellee.

Argued April 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE CRUMLISH, JR., July 15, 1976:

In these eminent domain cases, commercial condemnees (Claimants) have appealed orders of the court of common pleas remanding their individual claims for increased business dislocation damages to a board of view. Since the cases involve similar facts and legal issues, they were consolidated for our determination.

In 1971, the business dislocation damage provisions of the Eminent Domain Code1<...

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