Opinion
Argued June 2, 1980
August 25, 1980.
Argued June 2, 1980, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 690 C.D. 1980, from the Order of the Court of Common Pleas of Delaware County in case of John Bosacco and L. J. Rendin v. Redevelopment Authority of the City of Chester, No. 76-3084, Eminent Domain.
Declaration of taking in the Court of Common Pleas of Delaware County. Viewers appointed. Award filed. Condemnor appealed. Trial held. Verdict rendered. Condemnor filed motion for new trial. Motion denied. LABRUM, J. Condemnor appealed to the Commonwealth Court of Pennsylvania. Reversed and remanded ( 46 Pa. Commw. 242). Case relisted for trial de novo. Condemnor filed motion to withdraw original appeal from the Jury of View. Motion sustained. PRESCOTT, J. Condemnee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Murray S. Eckell, with him Nicholas J. Emper, Eckell, Sparks, Vadino, Auerbach Monte, for appellants.
Samuel M. Tollen, Tollen, Seidman and Sherman, for appellee.
Our review of the record in the court below reveals no error of law and we believe that Judge PRESCOTT has soundly applied the principles set forth by this Court in Farrington v. Pennsylvania Department of Transportation, 35 Pa. Commw. 373, 387 A.2d 136 (1976). We will therefore affirm Judge PRESCOTT's adjudication on the basis of her opinion, which may be found at 67 Del. 348 (1980).
ORDER
AND NOW, this 25th day of August, 1980, the order of the Court of Common Pleas of Delaware County dated March 14, 1980, in the above-captioned matter is hereby affirmed.