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COM., DEPT. OF TRANSP. v. E-Z PARKS

153 Pa.Commw. 258 (1993)

620 A.2d 712

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Petitioner, v. E-Z PARKS, INC., Respondent. E-Z PARKS, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 4, 1993.

Attorney(s) appearing for the Case

William J. Cressler, Asst. Chief Counsel, for petitioner/respondent, Dept. of Transp.

Bruce L. Thall, for respondent/petitioner, E-Z Parks, Inc.

Before DOYLE and SMITH, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The question before this Court is whether the Board of Claims erred as a matter of law in its interpretation of a contract between E-Z Parks, Inc., and the Department of Transportation (DOT). We hold that the Board of Claims so erred.

The prolonged history of this case began in 1972, when DOT condemned eighty-seven tracts of land located along Vine Street in Philadelphia for the...

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