Mercer Raceway, Inc. v. Commonwealth, Department of Transportation

Opinion by

Judge Rogers,

Mercer Raceway, Inc. sued the Commonwealth, Department of Transportation (PennDOT) in the Board of Arbitration for Claims for breach of the terms of a written lease by which Mercer rented to PennDOT a tract of ground 300 feet by 600 feet for the storage of material and equipment. Mercer alleges that the *208boundaries of the area leased did not include adjacent land owned by Mercer which was encumbered by an electric power line right-of-way; that certain Penn-DOT employees promised Mercer that the written lease would contain provisions securing Mercer against damages which…