In Re: Condemnation by the City of Philadelphia of Certain Property Interests in the 16.2626 Acre Area Generally Bounded by the Delaware Expwy (I-95) to the East, Bartram Avenue to the West, Philadelphia International Airport Employee Parking Facilities and Eighty-Fourth Street (Stricken) to the North, and to the South by an Irregular Line Parallel to and Commencing Approximately 112 feet South of Eighty-Sixth Street and Extending from Bartram Avenue to I-95; Property Address: Known as Parcel "C" within the Eastwick Urban Renewal Area Plan of 1958 Philadelphia, Pennsylvania; Appeal of: City of Philadelphia, 981 A.2d 391

Summary

The trial court ordered the city to produce documents exchanged between the city and its redevelopment authority and their respective attorneys related to the developer's interest in a tract of land, rejecting the city's assertion that the communications were shielded from discovery by the joint defense/common interest privilege. The court first addressed the issue of whether the order was subject to appeal and determined that it met the requirements of a collateral order under Pa.R.A.P. 313 since the order was separable from the main cause of action. Namely, the court could address the issue of privilege of the requested documents, which involved questions concerning the preparation and purpose of the documents at issue, without considering the merits of the underlying action, which related to the value of the parcel in dispute. The court affirmed the trial court's conclusion regarding the city's argument since the undisputed facts undermined the city's assertion that it shared a ...