Parking Authority of Wilkes-Barre v. Ten East South Street Co.

FRIEDMAN, Judge.

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…