RESPONDENT: Alco Parking Corporation
LOCATION: Robert Welch Inc.
DOCKET NO.: 73-582
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: Supreme Court of Pennsylvania
CITATION: 417 US 369 (1974)
ARGUED: Apr 15, 1974
DECIDED: Jun 10, 1974
Leonard Boreman - for respondents
Ralph Lynch, Jr. - for petitioner
Facts of the case
Media for City of Pittsburgh v. Alco Parking CorporationAudio Transcription for Oral Argument - April 15, 1974 in City of Pittsburgh v. Alco Parking Corporation
Audio Transcription for Opinion Announcement - June 10, 1974 in City of Pittsburgh v. Alco Parking Corporation
Warren E. Burger:
The disposition of 73-582, Pittsburgh against Alco Parking Corporation and two companion -- two other cases which are related 72-1490 and 72-1491 FPC against Texaco and Dougherty against Texaco will each be announced by Mr. Justice White.
Byron R. White:
The Pittsburgh case comes here from the Supreme Court of Pennsylvania.
That court invalidated a taxing ordinance in the city of Pittsburgh.
The ordinance placed a special tax on off-street parking transactions.
The Supreme Court of Pennsylvania held that the tax was unduly high and that when combined with some other stiff competition from the city zone parking lots, the tax wasn’t equivalent to an uncompensated confiscation of the property contrary to the Fourteenth Amendment.
We reverse the judgment of the Supreme Court of Pennsylvania.
Under our prior cases, we do not think the city of Pittsburgh exceeded its powers under the Fourteenth Amendment.
Mr. Justice Powell has filed a concurring opinion in this case.