Tedesco v. Municipal Authority of Hazle Township

In Tedesco v. Municipal Authority of Hazle Township, 799 A.2d 931 (Pa. Cmwlth. 2002), the trial court admitted into evidence a comparable agreement of sale executed six years prior to the date of condemnation. Condemnees appealed and alleged that the trial court's admission of the agreement was reversible error. Condemnees argued, among other things, that changes in the real estate market during the period of time between the agreement of sale and the condemnation nullified the probative value of the agreement to determine the fair market value on the date of condemnation. The Court disagreed and found that while market fluctuation did occur, it did not preclude admission of a comparable sale where "the factual differences in the market were well developed for the jury through direct examination, competent cross-examination and ... other evidence." Tedesco, 799 A.2d at 936. The Court held that it is reversible error to grant a new trial where the jury's verdict falls within the range of expert testimony on value because, in a condemnation case, it is the province of the jury to weigh the credibility of the conflicting testimony and determine the fair market value of the property at the time of the condemnation. Moreover, where, the jury views the premises, its award is entitled to special weight upon appellate review. Id. Indeed, where a jury views the site, this Court has held that the jury may base its verdict on its own judgment and disregard the expert testimony entirely. Id.