413 Pa. 339 | Pa. | 1964
Opinion by
We here consider the refusal of the court below to quash an appeal brought to it by the Redevelopment Authority of the City of Philadelphia from the award of the board of view in an eminent domain proceeding.
The property in issue, located in the Eastwick section of Philadelphia, was owned by appellant, Joseph Pacifico. Two tenants occupied the property, the American Oil Company which operated a gasoline station thereon, and Aero Diner Inc., which operated an adjacent diner. In 1958, the redevelopment authority, in pursuance to an overall plan of redevelopment in the Eastwick section, took this property under its power of eminent domain. A board of view was appointed to assess the damages sustained by the owner and the tenants by virtue of the taking. The board of view made an overall assessment of the loss incurred and allocated such damages between Pacifico and the Oil Company. No damages were apportioned to Aero Diner.
Appellee took an appeal to the Court of Common Pleas No. 3 of Philadelphia County, alleging that the award was excessive and unreasonable, and did not represent the fair market value of the plot taken. Appellant filed a motion to quash the appeal on the ground that a separate appeal should have been taken from each of the allocated awards. The court below denied the motion and Pacifico appealed to this Court.
Order affirmed.
Appellee moves to quash the appeal to this Court on the ground that it is taken from an unappealable interlocutory order. It is well settled that interlocutory determinations are not appealable unless specifically made so by statute. Stadler v. Mt. Oliver Borough, 373 Pa. 316, 317, 318, 95 A. 2d 776 (1953). Appellant argues that the Act of March 5, 1925, P. L. 23, 12 P.S. §672 (1953), providing that interlocutory orders as to jurisdiction are appeal-able is applicable under the circumstances here present. Appellee contends that the proper number of appeals to be taken does not go to the jurisdiction of the court below within the meaning of the
The total award of the board of view from which the authority appealed was substantially below the sum of the separate awards. Pacifico urged as a second ground for his motion to quash that appeal that the appellee had appealed from an award that had never been made. The court below permitted the correction of the total award. Appellant asserts that this was improper. There is nothing on the record to indicate that the error of the board of view was anything other than a mathematical one. The court below therefore acted well within its discretion in allowing the correction.