Princeton Sportswear Corp. v. Redevelopment Authority
Princeton Sportswear Corp. v. Redevelopment Authority
Opinion of the Court
The question presented by this appeal is whether the trial court was correct in sustaining preliminary objections to appellant’s complaint in mandamus, and dismissing the suit. Unfortunately, several deficiencies in the record before us make it impossible to give an informed answer to the question. We will therefore reverse and remand.
The background of the present action is an eminent domain proceeding wherein the appellant was the condemnee and the appellee Authority was the condemnor. While no part of the record in that case is included in the record now before us, it appears that the declaration of taking occurred on September 23, 1964 and that possession of the condemned premises (of which appellant was a lessee) was relinquished on June 19, 1965. Thereafter appellant obtained jury verdicts of $3,000 for relocation of machinery and equipment and $2,500 for business relocation damages,
The Authority tendered payment of the amount of the judgment, but did not include appellant’s costs ($336)
. These claims were asserted and verdicts returned under former Sections 608 and 609, respectively, of the Eminent Domain Code, Act of June 22, 1964, Spec.Sess., P.L. 84. These sections have since been replaced by new Article VI-A of the Code as contained in the Act of December 29, 1971, P.L. 635, No. 169, § 8, 26 P.S. § 1-601A (Supp. 1974).
. The Authority’s initial refusal to pay appellant’s bill of costs was based upon the belief that appellant had not filed notice of its bill of costs in accordance with Philadelphia Rule 308. The Appellee now concedes that proper notice was served and states its willingness to pay the bill Of costs.-
. Section 611 of the Eminent Domain Code, 26 P.S. § 1-611 (Supp. 1974), provides:
“The condemnee shall not be entitled to compensation for delay in payment during the period he remains in possession after*277 the condemnation, nor during such period shall a condemnor be entitled to rent or other charges for use and occupancy of the condemned property by the condemnee. Compensation for delay in payment shall, however, be paid at the rate of six per cent per annum from the date of relinquishment of possession of the condemned property by the condemnee, or if the condemnation is such that possession is not required to effectuate it, then delay compensation shall be paid from the date of condemnation: Provided, however, That no compensation for delay shall be payable with respect to funds paid on account, or by deposit in court, after the date of such payment or deposit. Compensation for delay shall not be included by the viewers or the court or jury on appeal as part of the award or verdict, but shall at the time of payment of the award or judgment be calculated as above and added thereto. There shall be no further or additional payment of interest on the award or verdict.” (emphasis supplied)
It was apparently the Authority’s position in the eminent domain case that delay compensation is not payable with respect to that part of the judgment awarding damages for business dislocation.
. The present proceeding, in substance if not in form, is one “arising under the Eminent Domain Code,” and jurisdiction of
. Rule 1028(c) of the Pennsylvania Rules of Civil Procedure, 12 P.S. Appendix, provides in relevant part that “[t]he court shall determine promptly all preliminary objections. If an issue of fact is raised, the court shall take evidence by depositions or otherwise.” See Peters Sportswear Co., Inc. v. Eastland Woolen Mills, Inc., 427 Pa. 135, 233 A.2d 557 (1967).
. Since the filing of this opinion, we have been furnished with a copy of a memorandum opinion of the trial court, dated April 11, 1974 (four days before the case was argued in our Court). Unfortunately, this opinion was not included in the record before us nor referred to in briefs or argument. It appears that the basis of the court’s action was the inappropriateness of mandamus as the remedy to enforce a claim for damages due to business dislocations incident to a taking by eminent domain. The factual issues raised by pleadings were not discussed in the opinion.
Dissenting Opinion
(dissenting).
1 dissent. In the present case, there was no appeal from the verdict and judgment rendered thereon in the Court of Common Pleas on the issue of damages awardable for the condemnation and taking. Where a party considers the amount of a verdict to be insufficient, there exists an adequate remedy in an appeal at law. Appellee even concedes in its brief to this Court that appellant is entitled to reimbursement for its bill of costs in the original suit at law. In light of the existence of an adequate remedy at law, the only permissible conclusion is that the writ of mandamus will not lie in this action.
Judicial economy requires us to affirm the order of the court below.
Reference
- Full Case Name
- PRINCETON SPORTSWEAR CORP., Appellant, v. REDEVELOPMENT AUTHORITY OF the CITY OF PHILADELPHIA
- Cited By
- 13 cases
- Status
- Published