Price v. Philadelphia Parking Authority

Dissenting Opinion by

Mr. Justice Musmanno :

The Philadelphia Parking Authority, like all parking authorities, is empowered to erect public garages. As a matter of convenience and practicability a garage can rise only to a certain height which means that the space above that maximum altitude ordinarily remains unused. In 1961, the Pennsylvania Legislature realizing that this non-use amounted to a waste of construction area, amended the Parking Authority Law of 1947 to provide: “Nothing herein contained shall be construed to prohibit the sale or leasing by the Authority of the right to occupy…