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LARA v. DORNEY PARK COASTER CO. (06/06/88)

decided: June 6, 1988.

LARA, INC., APPELLANT
v.
DORNEY PARK COASTER CO., INC. AND SOUTH WHITEHALL TOWNSHIP, APPELLEES



Appeal from the Order of the Court of Common Pleas of Lehigh County, in the case of LARA, Inc. v. Dorney Park Coaster Co., Inc. and South Whitehall Township, No. 87-E-17.

COUNSEL

Thomas R. Elliott, with him, Frank S. Poswistilo and Charles W. Elliott, Brose and Poswistilo, for appellant.

Richard F. Stevens, with him, John V. DeMarco, Butz, Hudders, Tallman, Stevens & Johnson, and Howard A. Wiener and Joel B. Wiener, for appellee, Dorney Park Coaster Co., Inc.

Thomas H. Dinkelacker, with him, Blake C. Marles, Weaver, Mosebach, Piosa, Hixson, Wallitsch & Marles, for appellee, South Whitehall Township.

President Judge Crumlish, Jr., and Judge McGinley, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge McGinley concurs in the result only.

Author: Narick

[ 116 Pa. Commw. Page 549]

This is an appeal by LARA, Inc. (LARA) from a decision of the Court of Common Pleas of Lehigh County denying its request for injunctive relief. We affirm.

For approximately twenty-seven years, LARA or its predecessor corporation operated car races at a race track on the grounds of Dorney Park Coaster Company (the Park), an amusement park located in South Whitehall Township (Township), Lehigh County. During the past fifteen years, LARA entered into three separate license agreements with the Park. The dispute before the court revolves around the third operative agreement which is dated April 16, 1979. This agreement refers to LARA as licensee and the Park as licensor, and provided in paragraph 15 that "The Licensor hereby grants to

[ 116 Pa. Commw. Page 550]

    the Licensee the option of renewing this License provided that written notice of its intention to do so is given to the Licensor not later than October 15 for each successive year". The agreement further provided for termination of the license by the Park upon breach of any covenant or condition of the agreement by LARA or upon the occurrence of certain specified events. The agreement makes no provision for termination of the license for reasons other than those specified in the agreement. It is undisputed that this April 16, 1979 agreement is a license and that LARA did not breach any terms of the license agreement.

On September 8, 1986, LARA notified the Park in writing of its intention to renew the license for the 1987 season. The record reveals that on October 23, 1986 the Park notified LARA in writing that the license would not be renewed, and that this action was required pursuant to an agreement with the Township.*fn1 The letter further indicated that pursuant to a stipulation and order of court they were not able to discuss the matter further.*fn2

On or about February 20, 1987, LARA filed a petition for injunctive relief*fn3 requesting the trial court to issue a preliminary ...


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