83 Pa. Commw. 72 | Pa. Commw. Ct. | 1984
Opinion by
William C. Adler, Lois R. Adler, and J. P. Mascaro and Sons, Inc. appeal from an order of the Court of Common Pleas of Bucks County which denied their petition for a preliminary injunction to restrain the Township of Bristol from signing a three-year refuse collection contract with Penn Sanitation Corporation.
We must determine whether reasonable grounds support President Judge Garb’s denial of that petition, Valley Center, Inc. for Mental Health v. Parkhouse, 62 Pa. Commonwealth Ct. 453, 437 A.2d 74 (1981).
In accordance with section 1802 of the First Class Township Code,
On December 20, 1982, William and Lois Adler, who are citizens and taxpayers of the Township of Bristol, and J. P. Mascaro and Sons, Inc. filed their complaint in equity with the Court of Common Pleas of Bucks County, and this petition for preliminary injunction against the award to Penn Sanitation. The township then had not actually executed the 1983-85 contract, and the 1980-82 contract with Penn Sanitation was still in effect. After four days of hearings, the court issued the preliminary injunction denial here contested.
The prerequisites to obtaining a preliminary injunction are familiar: (1) immediate and irreparable harm not compensable by damages; (2) greater injury resulting from a refusal of the injunction than from a grant of it; (3) effectiveness of an injunction to restore the status quo; and (4) an actionable wrong abatable by the injunction. Leonard v. Thornburgh, 75 Pa. Commonwealth Ct. 553, 463 A.2d 77 (1983). Moreover, the petitioner’s right must be clear and the wrong manifest. A.F.S.C.M.E. v. Commonwealth, 77 Pa. Commonwealth Ct. 37, 465 A.2d 62 (1983).
We question the applicability of the constitutional right to pursue a livelihood to the facts presented here, believing that right to relate to protection from governmental action which altogether prevents someone from earning a livelihood in a particular field. See, e.g., Shigon Appeal, 462 Pa. 1, 329 A.2d 235 (1974) (an attorney disbarred without a hearing is deprived of the right to pursue a livelihood without due process of law). We need not resolve that issue, however, because as President Judge Garb correctly noted, whatever wrong Mascaro may have is compensable by money damages.
Moreover, we note that Mascaro’s case did no.t establish that issuance of the injunction was reasonably suited to abate the alleged violation of its constitutionally protected rights. The most that the trial court could have done was to enjoin the award to Penn; it could not have compelled the township to award the contract to Mascaro. Zurenda v. Commonwealth, 46 Pa. Commonwealth Ct. 67, 405 A.2d 1124 (1979).
Recognizing the interests of the plaintiff-taxpayers as well as that of Mascaro, we must conclude that the evidence failed to establish that denial of the in
We conclude that the trial court’s order denying the petition for preliminary injunction is based on reasonable grounds, and accordingly affirm.
Order
Now, June 4, 1984, the order of the Court of Common Pleas of Bucks County, Civil Action, Equity at No. 82-9114-05-5—In Equity, dated December 13, 1982, is affirmed.
The respondents also argue an this appeal that Mascaro, as the disappointed bidder, has no standing to seek a preliminary injunction against the award of the contract to another company. However, respondents did not raise lack of standing in their answer to the petition for preliminary injunction, and the trial court made no ruling on the issue. Although the defendant’s preliminary objections (to the complaint) raised the point, we do not consider it to be before this court on review of the denial of the preliminary injunction.
Act of June 24, 1931, P.L. 1206, as amended, 53 P.S. §56802.
Mascaro bid $955,524 for each of the three years, with a total contract price of $2,866,572. Penn Sanitation bid $990,840 for 1983, $995,640 for 1984, and $999,480 for 1985, with a total contract price of $2,985,960. The trial court inadvertently stated that Penn Sanitation was the low bidder for 1983.