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Parking Authority of the City of Wilkes-Barre v. Ten East South Street Company

Apartment complex had no property rights in nearby parking lot after failing to timely exercise option to lease spaces for tenants; thus Parking Authority was entitled to declaration that lease was void prior to renovation and reassignment of spaces.

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Argued: November 5, 2001

The Ten East South Street Company (Ten East) appeals from the January 31, 2001 order of the Court of Common Pleas of Luzerne County (trial court), which denied Ten East’s motion for summary judgment, granted The Parking Authority of the City of Wilkes-Barre’s (Parking Authority) cross-motion for summary judgment and granted declaratory judgment in favor of the Parking Authority.

In 1968, the Parking Authority opened a commercial parking facility (Parking Facility) on South Main Street in the City of Wilkes-Barre (City). (Trial ct. op. of 1/31/01 at 4.) In 1975, Ten East built an apartment complex across the alley from the Parking Facility.*fn1 (Trial ct. op. of 1/31/01 at 4; Findings of Fact of 11/9/98, No. 4; R.R. at 232a.) In April of 1976, Ten East entered into a lease agreement with the Parking Authority,*fn2 under the terms of which Ten East could lease up to 150 parking spaces in the Parking Facility for use by Ten East and the tenants in its apartment building. (Trial ct. op. of 1/31/01 at 4; Findings of Fact of 11/9/98, Nos. 9-10; R.R. at 145a.) Section 4 of the lease, which governs possession, provides:

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