Crawford v. Redevelopment Authority of Fayette County
Decision Date | 30 June 1965 |
Citation | 418 Pa. 549,211 A.2d 866 |
Parties | Edith L. CRAWFORD v. REDEVELOPMENT AUTHORITY OF the COUNTY OF FAYETTE, Pennsylvania, a public corporation, and City of Uniontown, a municipal corporation, of the Commonwealth of Pennsylvania in Fayette County, Appellants. |
Court | Pennsylvania Supreme Court |
Fred C. Adams, Herbert Margolis, Milton D. Margolis, Uniontown, for appellants.
David E. Cohen, Hugh J. Lane, Uniontown, for appellee.
Before BELL, C. J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
The plaintiff-appellee, Edith L. Crawford, brought the within action in equity to enjoin the Redevelopment Authority of Fayette County from taking her property pursuant to a Redevelopment Plan. After a hearing in the court below, the Chancellor found the following facts: The Chancellor then concluded that the area of the plaintiff's property was not blighted and entered a Decree which forbade the taking of the plaintiff's property. This appeal followed.
This appeal raises many issues which we must consider. The first is the propriety of an attack in equity of a Redevelopment Authority Certification that an area is blighted. We have long held that such an attack is proper when it is alleged and proven that the Authority, in making its certification, acted in bad faith, arbitrarily, or failed to follow a statutory requirement. Oliver v. City of Clairton, 374 Pa. 333, 98 A.2d 47 (1953). In addition thereto, equity has the inherent power to examine the constitutionality of the actions of an authority. Eways v. Reading Parking Authority, 385 Pa. 592, 124 A.2d 92 (1956); Belovsky v. Redevelopment Authority, 357 Pa. 329, 54 A.2d 277, 172 A.L.R. 953 (1947). However, we must make clear the point that the courts have no right to substitute their discretion in place of the legislatively granted discretion of the Authority. We said, in Oliver v. City of Clairton, supra, p. 340, 98 A.2d p. 51: '* * * we said in Schenck v. City of Pittsburgh, 364 Pa. 31, pp. 35, 36, 70 A.2d 612, 614, that 'in the absence of any indication that the Commission did not act in good faith or was wholly arbitrary in certifying the area designated by it as blighted, its certification to that effect is not subject to judicial review', and that, since the Urban Redevelopment Law 'gives the power of eminent domain to the Urban Redevelopment Authority, it is for that agency, and not for the courts, to determine whether or not the power should be exercised in this particular instance. It has been held in many cases that where the right of eminent domain is vested in a municipality, an administrative body, or even a private corporation, the question as to whether the circumstances justify the exercise of the power in a given instance is not a judicial one, at least in the absence of fraud or palpable bad faith.'' Schwartz v. Urban Redev. A. of Pgh., 416 Pa. 503, 206 A.2d 789 (1965).
The power of discretion over what areas are to be considered blighted is solely within the power of the Authority. The only function of the courts in this matter is to see that the Authority was acted not in bad faith; to see that the Authority has not acted arbitrarily; to see that the Authority has followed the statutory procedures in making its determination; and finally, to see that the actions of the Authority do not violate any of our constitutional safeguards. Within this framework then, we must examine the plaintiff-appellee's assertions and evidence, and the action of the court below. Oliver, supra; Schenck v. Pittsburgh, 364 Pa. 31, 70 A.2d 612 (1950).
It is well settled that, as we have said on numerous occasions, the findings of fact of the Chancellor have the effect of a jury verdict when affirmed by...
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In re Redevelopment Auth. of Philadelphia
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