Appeal from decree of Court of Common Pleas of Allegheny County, July T., 1968, No. 2995, in case of Athanasios Korkonikitas, also known as Tom Condas, et al. v. Allegheny General Hospital.
James G. Dunn, with him McGregor, Dunn & Holland, for appellant.
G. W. Wilde, with him G. Harold Blaxter, and Blaxter, O'Neill, Houston & Nash, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Musmanno did not participate in the decision of this case. Dissenting Opinion by Mr. Justice O'Brien. Mr. Justice Cohen joins in this dissent.
On November 5, 1962, the Allegheny General Hospital, a nonprofit corporation, as "Owner," executed an instrument entitled "Agreement of Lease" with
Athanasios Korkonikitas, "Lessee." Paragraph 1 of the Agreement of Lease provided as follows:
"1. The Owner agrees to lease to the Lessee the above described area [a lot 150 feet square] on a continuous term as long as said Hospital Officers do not decide to use the area for the erection of a building to be used with the Hospital for any purpose.*fn1 The term of the lease shall begin November 5, 1962 and for the monthly rental of One Dollar ($1.00) per month and the Lessee agrees to lease the area for a parking lot during the term. The first month of the term shall begin on the first day of the month following the execution of the lease and in the event the Owner decides to erect a building on said area, it agrees to give a thirty-day written notice to the Lessee of its starting to erect a building on said lot, by serving same on the first day of any month. . . ."
The "Agreement of Lease" further provided that the hospital would pay all real estate taxes on the lot, and that Korkonikitas would cover the lot with slag for parking use and construct entrances for ingress and egress, would carry public liability insurance for the protection of both the hospital and himself, and would pay any taxes levied on the privilege of engaging in the parking lot business. Since the execution of the "Agreement of Lease," Korkonikitas has operated for approximately five-and-a-half years a public parking lot on the described area.
On March 12, 1968, the hospital verbally notified Korkonikitas of its intention to erect a building on the leased lot commencing June 1, 1968, and that Korkonikitas should vacate as of that date. This was followed by written notices to the same effect on April 4, 1968 and on May 1, 1968. During May 1968, Korkonikitas
was permitted to examine the hospital's plans for the use of the property; these plans indicated that the hospital intended to use the area as a parking lot for doctors and other personnel attached to the hospital staff. This proposed conversion from a public parking lot was part of a Governmental urban redevelopment program. The plans called for the construction of a small structure to be used as a shelter for ...