In Re De Facto Condemnation & Taking of Lands of WBF Associates

CONCURRING AND DISSENTING OPINION

Justice SAYLOR.

I agree with the majority’s legal conclusion in Part I of its opinion that delay compensation should be due in favor of WBF Associates, but I would offer different reasons in support of this decision and believe that the availability of delay damages should be ultimately contingent upon jury findings in the de novo appeal; I respectfully differ with majority’s holding concerning the allowance of mortgage interest as a separate component of damages above and apart from delay compensation; and I would affirm the Commonwealth Court’s holding on the…