IN RE CONDEMNATION OF PROPERTY IN WINDSOR

No. 2080 C.D. 2008.

986 A.2d 190 (2009)

In re CONDEMNATION OF PROPERTY LOCATED IN LOWER WINDSOR TOWNSHIP, York County, Pennsylvania, for the Purpose of Creating Public Recreation Areas Pursuant to Section 2501 of the County Code. Lauxmont Holdings, LLC, Condemnee v. County Of York, Condenmor. Appeal of: Lauxmont Holdings, LLC.

Commonwealth Court of Pennsylvania.

Decided December 3, 2009.


Attorney(s) appearing for the Case

Herbert Bass, Philadelphia, for appellant, Lauxmont Holdings, LLC.

William P. Bresnahan, Pittsburgh, for appellee, County of York.

BEFORE: LEAVITT, Judge, and BUTLER, Judge, and McCLOSKEY, Senior Judge.


OPINION BY Judge BUTLER.

Lauxmont Holdings, LLC (Lauxmont) appeals the October 2, 2008 order of the Court of Common Pleas of York County (trial court) denying a request to compel payment of interest on delay compensation paid on estimated just compensation (EJC) by the County of York (County). The issues before this Court include: 1) whether delay compensation is due at the same time as the EJC payment or at the time of the final award of compensation, and 2) if delay...

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