CHWATEK v. PARKS


450 Pa. 62 (1972)

Chwatek v. Parks, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.


Attorney(s) appearing for the Case

James R. Di Francesco, City Solicitor, with him Di Francesco & Di Francesco, for appellant.

James E. Mayer, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE O'BRIEN, November 17, 1972:

On December 31, 1968, the City Council of the City of Johnstown enacted Ordinance No. 3799, called the "Parking Fee Ordinance", which imposed a tax of ten percent on the gross receipts of commercial parking lots located within the city. The ordinance stated that it was enacted under Article XXVI of The Third Class City Code, Act of June 28, 1951, P.L. 662, 53 P.S. §§ 35101 et seq. Under the code, cities...

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