395 A.2d 312

County of Allegheny, Appellant v. John Rangos, Appellee.

Commonwealth Court of Pennsylvania.Argued November 2, 1978
December 14, 1978.

Argued November 2, 1978, before Judges MENCER, DiSALLE and CRAIG, sitting as a panel of three.

Appeal, No. 108 C.D. 1978, from the Order of the Court of Common Pleas of Allegheny County in case of John Rangos v. County of Allegheny, No. 1500 July Term, 1970.

Declaration of taking in the Court of Common Pleas of Allegheny County. Viewers appointed. Award filed. Condemnee appealed. Jury verdict rendered. Motion for new trial filed and denied. WEKSELMAN, J. for the court en banc. Condemnor appealed to the Commonwealth Court of Pennsylvania. Held: affirmed.

Alexander J. Jaffurs, County Solicitor, with him Samuel P. Kamin, Assistant County Solicitor, for appellant.

George Shorall, for appellee.

OPINION BY JUDGE DiSALLE, December 14, 1978:

This is an appeal by the County of Allegheny from a jury award in a condemnation case. A Board of Viewers awarded John Rangos, the condemnee, $296,500.00. Following his appeal to the Court of Common Pleas of Allegheny County, a jury awarded him $575,000.00. The County moved for a new trial or, in the alternative, judgment n.o.v. Following a hearing before the court en banc, the County’s motion was dismissed, and it appealed to this Court. We affirm on the basis of Judge WEKSELMAN’s comprehensive opinion dated January 4, 1978, which can be found at No. 1500 July Term, 1970, of the Civil Division of the Court of Common Pleas of Allegheny County.

Page 253

ORDER
AND NOW, this 14th day of December, 1978, the order of the Court of Common Pleas of Allegheny dated January 4, 1978, is hereby affirmed on the opinion of the lower court which can be found at No. 1500 July Term, 1970, of the Civil Division of the Court of Common Pleas of Allegheny County.

Tagged: