499 A.2d 713
Commonwealth Court of Pennsylvania.Argued September 9, 1985
October 23, 1985.
Argued September 9, 1985, before Judges ROGERS and MacPHAIL, and Senior Judge BARBIERI, sitting as a panel of three.
Appeal, No. 67 T.D. 1984, from the Order of the Court of Common Pleas of York County, Pennsylvania, in case of In Re: Condemnation by the Redevelopment Authority of the City of York, York County, Pennsylvania, appropriating in fee simple certain land of Cupid, Inc., in the Sixth Ward of the City of York, York County, Pennsylvania, No. 80-S-4733.
Declaration of taking filed in Court of Common Pleas of York County, by redevelopment authority. Property owner filed preliminary objections. Preliminary objections dismissed. Owner demanded appraisal price from Authority. Motion for sanctions filed. Authority filed declaration of relinquishment. Owner filed motion to strike declaration of relinquishment. Motion dismissed. CASSIMATIS, J. Owner appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Allen H. Smith, for appellant.
Richard A. Bramhall, Jr., with him, Peter D. Solymos, for appellee, Redevelopment Authority of the City of York.
OPINION BY JUDGE MacPHAIL, October 23, 1985:
Cupid, Inc. (Appellant), owner of a parcel of land in York County, Pennsylvania, appeals to this
Page 383
Court from the dismissal of its motion to strike a declaration of relinquishment filed by the Redevelopment Authority of the City of York in an eminent domain proceeding. The principal substantive issue presented to the trial court was whether the condemnee’s letter to the condemnor, demanding the condemnor’s appraisal price and reserving the right to proceed to a board of view, constituted as a matter of law a tender of possession or right of entry under Section 407 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended
26 P. S. § 1-407. The trial court concluded that it did not.
The Court is satisfied that all of the relevant issues were adequately and correctly addressed in the able opinion of Honorable EMANUEL A. CASSIMATIS, dated February 15, 1984. We, accordingly, affirm on the opinion of the trial judge as reported at Pa. D. C.3d (1985).
ORDER
The order of the Court of Common Pleas of York County dated February 15, 1984, is affirmed.