417 Pa. 22 | Pa. | 1965
Opinion by
County of Allegheny appeals from the order of court denying the prayer of its complaint in equity, seeking relief in the form of a preliminary injunction and a permanent injunction thereafter. The basis for the county’s complaint is that it did not have an adequate remedy at law and that if the Milk Control Commission’s official general order were permitted to
In January, 1964, the Milk Control Commission held public hearings in Pittsburgh,
The complaint
Allegheny County appealed
In view of our determination of this case, we do not reach the merits nor could we in the present state of the record. While the court did not dismiss the complaint, it did make a definitive order. We believe this should not have been done in the absence of a hearing, answer or proper motions filed and opportunity for the parties to be heard. The procedure was irregular, requiring the case to be remanded for consideration consistent with proper procedure. Davis v. Porch, Bros., Inc., 268 Pa. 376, 112 A. 32 (1920); Swainbank v. Yoder, 79 Pa. Superior Ct. 132 (1922).
Pursuant to provisions of the Milk Control Law of April 28, 1937, P. L. 417, as amended, 31 P.S. Sec. 700j-801 et seq., for the purpose of establishing prices for the Greater Pittsburgh Milk Marketing Area, designated by the Milk Control Commission as Milk Marketing Area No. 2.
The record consists only of the Complaint and the Order of Court.
This exhibit, according to the Complaint, [Para. 10] : “. . . purported to be a composite statement of profit and loss of twelve (12) milk dealers operating in the Pittsburgh Milk Marketing Area”. . . . [Para. 12] “The said so-called composite statement was allegedly compiled from the books and records of the aforesaid twelve (12) dairies by a certified public accountant who had made several ‘adjustments’, the result of which was to show apparent net losses in the composite statement of profit and loss”.
The City of Pittsburgh requested and we granted permission to join the County of Allegheny in this appeal. The City of Pittsburgh had actively participated in the hearings.