REDEV. AUTH. OF PHILA. v. E. AUBURN ST.

No. 1081 C.D. 1975.

24 Pa.Commw. 607 (1976)

In the Matter of the Redevelopment Authority of the City of Philadelphia, Urban Renewal Area v. Premises: 2250-52 East Auburn St., Philadelphia, Pa. Claim of: Douglas Waste Paper Company. Redevelopment Authority of the City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

May 12, 1976.


Attorney(s) appearing for the Case

Dennis L. Friedman, with him Peter A. Galante, for appellant.

Leon W. Silverman, with him Stein & Silverman, for appellee.

Argued April 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, May 12, 1976:

Must a person be displaced in order to be a "displaced person" to recover damages for business dislocation in an eminent domain action? It would seem simple enough to find the answer by turning to Section 201 of the Eminent Domain Code, Act of June 22, 1964, Special Sess., P.L. 84, as amended, 26 P.S. § 1-201, and look to subparagraph (8), wherein "displaced person" is defined:

"`Displaced person' means...

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