United States v. 11,118 SQUARE FEET AND 1,100 SQUARE FEET OF LAND IN FIFTH WARD OF CITY OF JOHNSTOWN, CAMBRIA COUNTY, PA., Civil Actions No. 1543

• Decision Date: 27 January 1945
• Docket Number: 1579.,Civil Actions No. 1543
• Citation: 58 F. Supp. 662
• Parties: UNITED STATES v. 11,118 SQUARE FEET AND 1,100 SQUARE FEET OF LAND IN FIFTH WARD OF CITY OF JOHNSTOWN, CAMBRIA COUNTY, PA., et al. SAME v. 6,376 SQUARE FEET OF LAND IN FIFTH WARD OF CITY OF JOHNSTOWN, CAMBRIA COUNTY et al.
• Court: U.S. District Court — Western District of Pennsylvania

58 F. Supp. 662

UNITED STATES v. 11,118 SQUARE FEET AND 1,100 SQUARE FEET OF LAND IN FIFTH WARD OF CITY OF JOHNSTOWN, CAMBRIA COUNTY, PA., et al.

SAME v. 6,376 SQUARE FEET OF LAND IN FIFTH WARD OF CITY OF JOHNSTOWN, CAMBRIA COUNTY et al.

Civil Actions Nos. 1543, 1579.

District Court, W. D. Pennsylvania.

January 27, 1945.

I. A. Melnick, of Pittsburgh, Pa., for exceptants.

Harry E. Simmons, of Johnstown, Pa., for exceptant heirs of Jas. H. Geer.

Frank P. Barnhart and A. Lloyd Adams, both of Johnstown, Pa., for Hellenic Orthodox Church.

SCHOONMAKER, District Judge.

In proceedings at No. 1543 Civil Action, the United States, on August 19, 1941, instituted condemnation proceedings in connection with the construction, operation, and maintenance of a permanent channel for the Stonycreek River in Johnstown, Pennsylvania.

The United States acquired by judicial process a perpetual right and easement in a parcel of land in Johnstown, Penn'a, designated as Parcel No. L/62, and a temporary right or easement in a parcel of land in Johnstown, designated as Parcel No. L/63.

Viewers were duly appointed, and under their report awarded damages to the owners of said tracts in the sum of $5250. This award was made to Hellenic Orthodox Church as its interest appears in the chain of title.

In proceedings at No. 1579 C. A. in connection with the same project, the United States instituted condemnation proceedings on August 27, 1941, whereby it acquired a perpetual easement in land described as L/61. Damages were awarded to the owners thereof in the sum of $3750 to the Traders' Discount Corporation, assignee of the assets of the First National Bank of Johnstown.

Exceptions to the Report of Viewers were filed in these two cases: one, by Harry E. Simmons, attorney for the heirs (names not given) of James H. Geer, claiming that four-fifths of the damages in each of the above-stated cases should be paid to these heirs; and the other, by the Traders' Discount Corporation, claiming that the same four-fifths of the damages in these two cases should be paid to it. The court heard these two exceptions at the same time, because they are based on the facts common to both cases. They may briefly be stated as follows:

In 1894 the Brethern Church of Johnstown owned both properties, and by deed dated June 25, 1894, conveyed a part of this property to James H. Geer (being the property involved in the condemnation proceedings at No. 1579 C. A.), in which the Viewers awarded to the Traders' Discount Corporation damages for the land and rights taken by the United...