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ALCO PARKING CORP. et al. v. PITTSBURGH

453 Pa. 245 (1973)

Alco Parking Corporation et al., Appellants, v. Pittsburgh.

Supreme Court of Pennsylvania.

July 2, 1973.

Attorney(s) appearing for the Case

Leonard M. Marks, of the New York Bar, and Leonard Boreman, with them Richard H. Martin, Gold, Farrell & Marks, and Baskin, Boreman, Sachs, Wilner, Gondelman & Craig, for appellants.

Ralph Lynch, Jr., City Solicitor, with him Grace S. Harris, Special Assistant Solicitor, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, July 2, 1973:

This controversy presents the interesting and novel question of whether the enactment, by a municipal government, of a 20 percent gross receipts tax upon all non-residential, commercial parking facilities in that municipality, combined with direct governmental competition in the form of a public parking authority, charging lower rates, has resulted in an unconstitutional taking...

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