In Re Condemnation by the City of Coatesville of Certain Properties & Property Interests Ex Rel. Public Golf Course

Dissenting Opinion by

Judge SIMPSON.

I respectfully dissent from the majority opinion because it finds waiver of the controlling issues which were fully litigated by the parties and addressed by the trial court.

The City condemned approximately 43 acres of Condemnees’ 47.5 acre property outside the City in Valley Township. The land included Condemnees’ restored 250-year-old farmhouse in which they raised their children, though the farmhouse itself was excepted from the taking (Excepted Tract). The City proposed to locate on the land a regional recreation center, including a golf course and…