Pennsylvania Turnpike Commission v. Sanders & Thomas, Inc.

Dissenting Opinion by

Judge Mencer:

I respectfully dissent. One reviewing the actions of the Pennsylvania Turnpike Commission in this case would find it difficult to reach a result contrary to that reached by the majority here. However, I reluctantly do so, because I am of the opinion that the appellee’s only recourse was to proceed under the provisions of the Act of May 20, 1937, P. L. 728 (Act), *15872 P.S. §4651-1 et seq., and present its claim to the Board of Arbitration of Claims.

Section 4 of this Act, as amended, 72 P.S. §4651-4, provides: “The Board of Arbitration shall have jurisdiction to…