Commonwealth v. BERGER

Opinion by

Judge Blatt,

Henry A. Berger and Samuel A. Berger (the Bergers) are the owners and operators of a high-rise apartment-office building in Harrisburg, known as the Executive House. The building was erected in 1966 and 1967, with the original plans calling for the first three floors to be designed for office use and the upper floors to be designed as apartments.

Prior to completion of the Executive House, the Bergers entered into leasing negotiations with the Department of Public Welfare (DPW), and, because the first three floors had been leased before these negotiations were concluded,…