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RUSTRUM REALTY v. COMMONWEALTH PENNSYLVANIA (04/20/78)

decided: April 20, 1978.

RUSTRUM REALTY, INCORPORATED, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PROPERTY AND SUPPLIES AND DEPARTMENT OF ENVIRONMENTAL RESOURCES, RESPONDENTS



Appeal from the Order of the Board of Arbitration of Claims in case of Rustrum Realty, Incorporated v. Commonwealth of Pennsylvania, Department of Property and Supplies (now the Department of General Services) and Department of Environmental Resources, Docket No. 345.

COUNSEL

Edgar R. Casper, with him Krank, Gross & Casper, for petitioner.

C. Glendon Frank, Assistant Attorney General, with him Patricia A. Donovan, Deputy Attorney General and Chief Counsel, for respondent.

President Judge Bowman and Judges Rogers and DiSalle, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 35 Pa. Commw. Page 63]

Rustrum Realty, Incorporated (Rustrum) has filed a petition for review of judgments entered against it by the Board of Arbitration of Claims. Rustrum had sued the Commonwealth for damages for breach of an asserted contract of lease.

Rustrum owned a building in Dauphin County near Harrisburg. In August 1972, Rustrum and the Bureau of Realty of the then Department of Property

[ 35 Pa. Commw. Page 64]

    and Supplies (DPS)*fn1 engaged in discussions of the prospect of the Commonwealth's leasing Rustrum's building for use by the Department of Environmental Resources. DPS sent Rustrum copies of a proposed lease for the latter's approval. The form of lease included the following accommodations for execution by Commonwealth officers:

Commonwealth of Pennsylvania Acting through

Department of Property and Supplies

By:

Deputy Secretary of Property ...


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