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CLARK v. PUBLIC PARKING AUTHORITY PITTSBURGH (02/09/53)

February 9, 1953

CLARK
v.
PUBLIC PARKING AUTHORITY OF PITTSBURGH



Original jurisdiction, No. 58, March T., 1953, bill in equity, in case of Mary J. Clark v. Public Parking Authority of Pittsburgh and Mellon Square Garage, Inc. Injunction granted.

COUNSEL

Morris Zimmerman, for plaintiff.

Ella Graubart, with her Charles F. C. Arensberg and Patterson, Crawford, Arensberg & Dunn, for Authority, defendant.

Paul G. Perry, with him Gustav W. Wilde and Burgwin, Churchill, Ruffin & Hazlett, for lessee, defendant.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Arnold, JJ.

Author: Stearne

[ 372 Pa. Page 482]

OPINION BY MR. JUSTICE ALLEN M. STEARNE

This is a case of original jurisdiction. The plaintiff, a taxpayer of the city of Pittsburgh, has filed a complaint in equity in which she seeks an injunction to enjoin the Public Parking Authority of Pittsburgh (hereafter called the Authority) and its lessee the Mellon Square Garage, Inc. (hereafter called the Lessee) from performing or taking any action in pursuance to the sublease agreement between the two defendants executed on September 22, 1952.

The Authority was created by the city of Pittsburgh under the terms of the Parking Authority Law of June

[ 372 Pa. Page 4835]

, 1947, P.L. 458, 53 PS 10271 et seq. Through a $4,000,000 beneficience of the A. W. Mellon Educational and Charitable Trust, the Sarah Mellon Scaife Foundation and the Richard King Mellon Foundation, the city of Pittsburgh acquired a tract of land in the heart of what in Pittsburgh is termed the Triangle. This land is bounded by William Penn Place, Oliver Avenue, Smithfield Street and Sixth Avenue. The donation was made for the acquisition of this land for the purpose of a park to be known as "Mellon Square" and for other public purposes not inconsistent with that object. In accordance with the grant, the city agreed to lease the subsurface of the land to the Authority for a period of forty years at an annual rental of one dollar. The Authority covenanted to " use the property in accordance with the terms and conditions and subject to the limitations set out in the... Parking Authority Law".

The purposes and powers of the Authority are set forth in Section 5 of the Act, supra, (53 PS 10275 et seq.). Among recited powers is to lease, as lessee or lessor, whatever was "necessary or desirable for carrying out the purpose of the Authority". The Authority is granted broad powers to construct facilities and to "make contracts of every name and nature" and "to enter into contracts with... corporations... for the use of any project of the Authority...."

The Authority as lessee of the city of Pittsburgh, as above recited, agreed in the lease to use and occupy the premises in accordance with the terms, conditions and limitations of the Parking Authority Act, supra. The Authority as lessor then sublet the subsurface of the land for the period of thirty-eight years to the Mellon Square Garage, Inc. The Lessee (i.e. Mellon Square Garage, Inc.) agreed in the lease to construct ...


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