Lower Makefield Township v. Lands of Chester Dalgewicz
620 Pa. 312
| Pa. | 2013Background
- Appellant limits condemnation of a 166‑acre farm in Lower Makefield Twp for a public golf course; takings upheld as public use.
- Board of View fixed value at $3,990,000; damages proceeded to jury trial for FMV.
- Trial spanned six days with 11 witnesses, including Dalgewicz who discussed pre/post-condemnation offers from developers.
- December 1998 Pulte Homes offered $8 million; offer letter admitted; appellant contested admissibility on relevance/prejudice grounds.
- Trial court admitted the Pulte offer; Commonwealth Court affirmed, distinguishing relevance and lack of hearsay concerns due to ongoing negotiations.
- Appellant sought Supreme Court review; issues limited to admissibility of bona fide offers and harmless error standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of bona fide offer to prove FMV | Lower Makefield argues offers are inadmissible. | Dalgewicz argues offers are admissible as data in forming FMV. | Admissible under §1105(1)-(2) as data and valuation support. |
| Admissibility of the Pulte offer letter itself | Waived hearsay objection; authenticity stipulated but objection not preserved. | Offer letter admissible as business records or by waiver; probative value remains. | Admissible; waiver/trial context supports admission; supported by authenticity. |
Key Cases Cited
- Lower Makefield Twp. v. Lands of Dalgewicz, 4 A.3d 1114 (Pa.Cmwlth.2010) (recognizes bona fide offers can be admitted to show value under liberalized code)
- Anderson v. Dept. of Highways, 422 Pa. 1 (1966) (offers generally inadmissible to prove value due to hearsay/collateral issues)
- Kelly v. Redevelopment Authority of Allegheny County, 407 Pa. 415 (1962) (concerns about collateral issues from offer testimony)
- Stevens v. Reading Street Railway Co., 384 Pa. 390 (1956) (principle that admitted relevant evidence bears probative value)
- Harman ex rel. Harman v. Borah, 562 Pa. 455 (2000) (necessity of timely, specific objections to preserve issues on review)
- Lehigh-Northampton Airport Authority v. Fuller, 862 A.2d 159 (Pa.Cmwlth.2004) (trial court discretion in admitting evidence)