# In re Condemnation by the Commonwealth

> Commonwealth Court of Pennsylvania · November 21, 1978 · 38 Pa. Commw. 535

URL: https://www.frixlaw.com/law-library/cases/6364706

## Case

- **Full name:** In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right of Way for Legislative Route 1084, Sec. A10 R/W, Deed Book 95, Page 69, Claim No. 5400785. Marjorie M. Fetter (now known as Marjorie M. Sassaman), Owner and Hawk Sales Co., Inc., Tenant and Lessee v. Commonwealth of Pennsylvania Department of Transportation. Hawk Sales Company, Inc.
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** November 21, 1978
- **Citations:** 38 Pa. Commw. 535; 394 A.2d 657; 1978 Pa. Commw. LEXIS 1441
- **Precedential status:** Published
- **Opinion:** Dissent by Wilkinson
- **Judges:** Blatt, Bowman, Craig, Crumlish, Disalle, MacPhail, Mencer, Rogers, Wilkinson
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6364706

## Opinion text

Dissenting Opinion by
Judge Wilkinson, Je. :
I must respectfully dissent. The right of the tenant to share in the award of general damages is dependent on the damages the tenant suffers by reason of the unconsumed term as a result of the condemnation. This lease provided that the lease ended when the condemnation proceedings required the tenant to vacate. As to the tenant, this is the time his rights are affected by the taking. Under the majority view, it would be quite possible for the tenant to use and enjoy his entire tenancy for the original term and still receive a share of the damages as if no termination clause was in the lease and the lease was terminated at the date of condemnation. I would affirm the Court of Common Pleas of Snyder County.
Judge MacPhail joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6364706. Public record. Not legal advice.