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WILKES-BARRE REDEV. AUTH. v. SANTUCCI

No. 661 C.D. 1974.

20 Pa.Commw. 376 (1975)

Redevelopment Authority of the City of Wilkes-Barre, Appellant, v. A.P. Santucci, trading as Santucci Produce, Appellee.

Commonwealth Court of Pennsylvania.

July 21, 1975.

Attorney(s) appearing for the Case

Donald D. McFadden, with him Flanagan, Doran, Biscontini & Shaffer, for appellants.

Gifford Cappellini, with him Cardoni, Coslett, Cappellini, Sobota & Piccone, for appellee.

Argued April 4, 1975, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., July 21, 1975:

This condemnation case raises two issues under Section 601-A of the Eminent Domain Code (Code), Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-601A (Supp. 1974-1975):

1) May a tenant recover 40 times the fair monthly rental value of his lease as business dislocation damages under Section 601-A(b) (3) when the amount of his actual monthly rental is undisputed?

2) May storage...

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