April 6, 1998

Appeal of

PAOLI PLAZA INVESTMENT CORP.

Under Lease Agreement

PSBCA Nos. 3711 & 4057

APPEARANCE FOR APPELLANT:

Ellen B. Sheehan, Esq.

APPEARANCE FOR RESPONDENT:

Daniel M. Curts, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

Appellant has filed a Motion for Reconsideration of the Board’s Opinion partially denying the appeal of Paoli Plaza Investment Corp., PSBCA Nos. 3711 and 4057, 98-1 BCA ¶ 29,445.

In its motion, Appellant seeks reconsideration of the Board’s determination that construction of a handicap ramp at the Paoli Plaza Post Office caused only a minor interference to access to the other postal and non-postal parking spaces.  Appellant argues that this construction, which resulted in shortened parking spaces abutting the ramp, is detrimental to the rights of other tenants and is a violation of police and fire ordinances.

Appellant did not offer any evidence at the hearing in this appeal that the shortened parking spaces abutting the handicap ramp violated police and fire ordinances, or that such violations were detrimental to, or affected the rights of other tenants and were, as a consequence, in violation of the lease.  Therefore, this argument provides no basis for reconsidering our prior decision.

The remainder of the arguments in this motion simply repeat arguments previously made and addressed in the Board’s Opinion.  Reargument of issues previously raised and fully considered in the Board’s decision also does not provide a basis for reconsideration.  Betty and Eddie Jackson, PSBCA No. 3624, 96-2 BCA ¶ 28,456; see also Patricia J. Stevens, PSBCA No. 3272, 94-2 BCA ¶ 26,951.

Nevertheless, we have reviewed our findings of fact and application of law, and we are satisfied that we fully considered Appellant’s arguments.  Appellant has not shown in this motion any factual or legal errors which would warrant changing our decision.  Accordingly, Appellant’s motion for reconsideration is denied.

William K. Mahn

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman