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WM. PENN PARK. GAR., INC. v. CITY OF PGH.

No. 525 C.D. 1973.

11 Pa.Commw. 507 (1974)

Wm. Penn Parking Garage, Inc., Alco Parking Corporation, Campus Parking, Inc., Fourth Avenue Parking, Inc., Grant Parking, Inc., Harry W. Sheppard, Jr., t/a Stanwix Auto Park, John Stabile, and John Stabile, Jr., t/a Wm. Penn Parking Lot, Meyers Bros. Parking-Central Corp., Parking Service Corporation, Inc., et al., Appellants, v. City of Pittsburgh, Appellee.

Commonwealth Court of Pennsylvania.

January 16, 1974.

Attorney(s) appearing for the Case

Leonard Boreman, with him Richard H. Martin and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellants.

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

Argued November 7, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, January 16, 1974:

We are again confronted with issues arising out of the City of Pittsburgh's effort to obtain public revenue from persons who must find places to park motor vehicles or from persons who, for a price, would provide such accommodations or on account of the transaction whereby the one obtains and the other supplies that tiny sanctuary from the hated parking ticket and the dreaded municipal tow truck.

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