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IN RE REDEVELOPMENT AUTH. OF PHILADELPHIA

891 A.2d 820 (2006)

A Condemnation Proceeding In REM by the REDEVELOPMENT AUTHORITY OF The CITY OF PHILADELPHIA for the purpose of Redevelopment of North Philadelphia Redevelopment Area Model Cities Urban Renewal Area Condemnation No. 30 B Philadelphia, PA including certain land improvements and properties. RE: 1839 North Eight Street. Appeal of: Mary Smith.

Commonwealth Court of Pennsylvania.

Decided February 6, 2006.

Attorney(s) appearing for the Case

Robert J. Sugarman, Philadelphia, for appellant.

Peter A. Galante, Philadelphia, for appellee, Redevelopment Authority of the City of Philadelphia.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge SMITH-RIBNER.

The issue in this case is one of first impression for the Court. The question for the Court to decide is whether the Redevelopment Authority of the City of Philadelphia (Authority) may exercise eminent domain power to condemn a private homeowner's property, located in an area of North Philadelphia that was certified as blighted, and then turn over the acquired property to a purely private religious organization to construct and operate...

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