FILBERT LTD. P. APPEAL

No. 406 C.D. 1980.

64 Pa.Commw. 605 (1982)

In Re: Petition of 1301 Filbert Limited Partnership for the Appointment of Viewers Etc. 1301 Filbert Limited Partnership, Appellant.

Commonwealth Court of Pennsylvania.

February 22, 1982.


Attorney(s) appearing for the Case

Louis B. Kupperman, with him Jeffrey A. Less, of counsel: Dilworth, Paxson, Kalish & Levy, for appellant.

Marjorie H. Stern, Chief Assistant City Solicitor, with her Alan J. Davis, City Solicitor, for appellee, City of Philadelphia.

Argued March 5, 1981, before President Judge CRUMLISH and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., February 22, 1982:

In this case, an eminent domain appeal, the 1301 Filbert Limited Partnership (Partnership) seeks reversal of a lower court order that dismissed its petition for a board of viewers to assess condemnation damages. The issue facing us, as it did the court below, is whether the actions of the City of Philadelphia (City), relative to a certain public project, destroyed the commercial viability of a hotel owned by the Partnership...

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