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HomeMy WebLinkAbout2009-1397 Civil IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNSYLVANIA THE COUNTY OF CUMBERLAND OF : THE PREMISES KNOWN AS TAX : PARCEL NUMBERS 32-33-1869- : 125, 32-33-1869-125-U1, : 32-33-1869-125-U2, and : 32-33-1869-125-U3 : BEING THE PROPERTY OF : LEEANN CONDOMINIUM : ASSOCIATION, INC., LEEANN : CORPORATION, AND JAYDIP, INC., : IN THE BOROUGH OF : SHIPPENSBURG, CUMBERLAND : COUNTY, PENNSYLVANIA : 09-1397 CIVIL TERM IN RE: PETITION TO DISTRIBUTE ESTIMATED JUST COMPENSATION MEMORANDUM OPINION AND ORDER OF COURT Bayley, J., December 17, 2009:-- Under the Eminent Domain Code, a court, upon petition of any party in interest, shall distribute the funds paid into court as estimated just compensation. The distribution shall be without prejudice of either the condemnor or the condemnee to proceed to a final determination of just compensation, and in no event shall the condemnee be compelled to pay back to the condemnor any of the estimated just compensation paid. The Redevelopment Authority has deposited with the Prothonotary estimated just compensation totaling $791,000, allocated: for Unit Number 1 owned by Jaydip, Inc., $209,000; for Unit Number 2 and 3 owned by Leeann Condominium Association, Inc., Leeann Corporation, a total of $582,000, $113,000 for Unit Number 2 and 09-1397 CIVIL TERM $469,000 for Unit Number 3. The owners of these condominium units disagree as to the allocation of the $791,000. Leeann Condominium Association, Inc., Leeann Corporation wants the allocation as set by the condemnor. Jaydip maintains that there is an error in the calculation of the allocation which was based on an appraisal preformed for the Redevelopment Authority by Larry E. Foote. It wants the court to set the allocation. The Redevelopment Authority, apparently based upon a concern that the allocation may not be correct, wants the distribution paid to the Condominium Association or an order refusing distribution until a final resolution of the case. Under the Eminent Domain Code, the two owners are entitled to have the estimated just compensation distributed prior to a final resolution of the case. This court does not have to nor will we set the allocation. An order will be entered allowing the Redevelopment Authority time to file an amendment to its allocation of the $791,000 between the owners. If no amendment is filed, the Prothonotary shall distribute the $791,000 pursuant to the current allocation. If an amendment is filed, the Prothonotary shall distribute the $791,000 pursuant to the allocation in the amendment. ORDER OF COURT AND NOW, this day of December, 2009, the Redevelopment Authority of the County of Cumberland is granted until December 31, 2009, to file an amended allocation of the $791,000 it has deposited with the Prothonotary as estimated just compensation for the properties of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc. If no amendment is filed, the Prothonotary shall forthwith -2- 09-1397 CIVIL TERM distribute the estimated just compensation to the owners pursuant to the current allocation. If an amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation pursuant to the amendment. By the Court, Edgar B. Bayley, J. Robert C. Saidis, Esquire For Leeann Condominium Association, Inc., Leeann Corporation Mark S. Silver, Esquire For JayDip, Inc. Hubert X. Gilroy, Esquire For Redevelopment Authority William A. Duncan, Esquire Chairman of the Board of View :sal -3- IN RE: CONDEMNATION BY THE : IN THE COURT OF COMMON PLEAS OF REDEVELOPMENT AUTHORITY OF : CUMBERLAND COUNTY, PENNSYLVANIA THE COUNTY OF CUMBERLAND OF : THE PREMISES KNOWN AS TAX : PARCEL NUMBERS 32-33-1869- : 125, 32-33-1869-125-U1, : 32-33-1869-125-U2, and : 32-33-1869-125-U3 : BEING THE PROPERTY OF : LEEANN CONDOMINIUM : ASSOCIATION, INC., LEEANN : CORPORATION, AND JAYDIP, INC., : IN THE BOROUGH OF : SHIPPENSBURG, CUMBERLAND : COUNTY, PENNSYLVANIA : 09-1397 CIVIL TERM IN RE: PETITION TO DISTRIBUTE ESTIMATED JUST COMPENSATION ORDER OF COURT AND NOW, this day of December, 2009, the Redevelopment Authority of the County of Cumberland is granted until December 31, 2009, to file an amended allocation of the $791,000 it has deposited with the Prothonotary as estimated just compensation for the properties of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc. If no amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation to the owners pursuant to the current allocation. If an amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation pursuant to the amendment. By the Court, 09-1397 CIVIL TERM Edgar B. Bayley, J. Robert C. Saidis, Esquire For Leeann Condominium Association, Inc., Leeann Corporation Mark S. Silver, Esquire For JayDip, Inc. Hubert X. Gilroy, Esquire For Redevelopment Authority William A. Duncan, Esquire Chairman of the Board of View :sal -2-