# Central Storage & Transfer Co. v. Kaplan

> Supreme Court of Pennsylvania · December 21, 1979 · 487 Pa. 485

URL: https://www.frixlaw.com/law-library/cases/9698505

## Case

- **Full name:** CENTRAL STORAGE & TRANSFER CO., Appellant, v. Henry H. KAPLAN, Chairman, Daniel W. Pennick, Edwin Winner and the Pennsylvania Liquor Control Board, Appellees
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 21, 1979
- **Citations:** 487 Pa. 485; 410 A.2d 292; 1979 Pa. LEXIS 808
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Eagen, O'Brien, Roberts, Nix, Manderino, Larsen
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9698505

## Opinion text

ROBERTS, Justice,
dissenting.
Unlike the majority, I am satisfied that the order of the Board of Claims granting appellant relief should be sustained. Our Legislature has long given the Board of Claims broad jurisdiction to “adjust and settle claims against the Commonwealth . . ..” The Fiscal Code, Act of April 9, 1929, P.L. 343, § 1003, 72 P.S. § 1003 (1949). As this Court observed in Lowry v. Commonwealth, 365 Pa. 474, 479 , 76 A.2d 363, 366 (1950), the authority of the Board of Claims to provide redress is not limited to instances where parties have “express contracts with the Commonwealth or its agencies.” Rather, it extends to “virtually every type of claim. . . ” Here, the record demonstrates a sound exercise of discretion. Although the Board declined to award appellant lost profits on its proposed lease agreement with the Liquor Control Board, see Administrative Code of 1929, Act of April 9, 1929, P.L. 177, § 2402(d), as amended, 71 P.S. § 632(d) (1962), it could and did reasonably conclude that in fairness the Commonwealth should pay appellant monies appellant expended to prepare the premises for the Liquor Control Board. I would, therefore, reinstate the order of the Board of Claims.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9698505. Public record. Not legal advice.