8 Pa. Commw. 309 | Pa. Commw. Ct. | 1973
Opinion by
The Haddington Leadership Organization, Inc. (Haddington), is the Project Area Committee acting as the representative of the local citizens relative to what is known as the Haddington Urban Renewal Area. Haddington was formed in accord with applicable United States Department of Housing and Urban Develop
Haddington’s complaint asserted that the City Council for the City of Philadelphia had “adopted” certain ordinances in connection with an urban renewal plan for the Haddington Urban Renewal Area Unit I; also, that these ordinances provided that 5311-5319 Vine Street be developed as a public parking area. The complaint contained allegations that the buildings located at 5311-5319 Vine Street had been condemned by the Redevelopment Authority but were still occupied by thecondemnee, James Sherman (Sherman), as a garage and gas station which “created unsightly and obstructive conditions in Haddington I.”
Haddington’s complaint further alleged that, although the Redevelopment Authority had acquired title to 5311-5319 Vine Street fourteen months previously, it had not instituted eviction proceedings against Sherman. The complaint’s prayer for equitable relief was that (1) an injunction issue, preliminary until hearing and perpetual thereafter, restraining the defendants from permitting Sherman’s Garage and Gas Station to continue to occupy 5311-5319 Vine Street and (2) defendants be commanded to immediately commence eviction proceedings against the occupant of 5311-5319 Yine Street and to promptly carry out the development of that property in accord with the applicable Urban Renewal Plan.
Sherman filed a petition for leave to intervene as a party defendant and, after being granted the right to
Our point of departure is that no appeal lies from an order overruling preliminary objections unless a special right to appeal is expressly given by statute such as is afforded those attacking jurisdictions. Volker v. Mallon, 420 Pa. 41, 216 A. 2d 65 (1966). Here we have such an attack and, under the Act of March 5, 1925, P. L. 23, §1, 12 P.S. §672, an appeal is allowed “ [w] herever in any proceeding at law or in equity the question of jurisdiction over the defendant or of the cause of action for which suit is brought is raised in the court of first instance. . . .”
Concerning the applicability of the Act of 1925 and the question of jurisdiction to which it has reference, we must be mindful of what was stated in Studio Theaters, Inc. v. Washington, 418 Pa. 73, 76-77, 209 A. 2d 802, 804-05 (1965) :
“Despite numerous decisions of our courts, there is still, apparently, confusion as to the availability of the Act of 1925, supra, as the vehicle for an appeal which otherwise, by reason of the interlocutory nature of the order, would be unavailable at this stage of the proceeding. Under the Act of 1925, supra, the sole question appealable is whether or not the court below had jurisdiction either over the person of the defendant or the subject matter of the action. In the case at bar, the City attacks what it deems to be the jurisdiction of the court of equity over the subject matter of this action. The test of jurisdiction is whether the court has power to enter upon the inquiry: Zerbe Township School District v. Thomas, 353 Pa. 162, 44 A. 2d 566; Adler v. Philadelphia, 397 Pa. 660, 664, 156 A. 2d 852; University Square No. 1, Inc. v. Marhoefer, 407 Pa. 257, 180 A. 2d 427; Seligsohn Appeal 410 Pa. 270, 189 A. 2d 746.
Did the lower court have power to enter into the inquiry as to whether what the Redevelopment Authority did or did not do was in accord with the powers and duties given to it by the Urban Redevelopment Law, Act of May 24, 1945, P. L. 991, as amended, 35 P.S. §1701 et seq.? We think that the answer to that question must be in the affirmative.
In Schenck v. Pittsburgh, 364 Pa. 31, 70 A. 2d 612 (1960), the Supreme Court took original jurisdiction of proceedings where the plaintiff filed a bill in equity for an injunction against the carrying out, under the Urban Redevelopment Law, of a project for the redevelopment of a tract of land in Pittsburgh’s “Golden
Here, Sherman’s preliminary objections asserted that the lower court had no jurisdiction over the subject matter because the administration of the urban renewal plan is committed by law to the discretion of the Redevelopment Authority and their activities are not subject to judicial review or control. We cannot agree with this premise. In Schwartz v. Urban Redevelopment Authority of Pittsburgh, 411 Pa. 530, 536, 192 A. 2d 371, 374 (1963), it was stated:
“The Authority is a public body exercising public powers of the Commonwealth as an agency thereof. 35 P.S. §1709; Belovsky v. Redevelopment Authority of Philadelphia, 357 Pa. 329, 54 A. 2d 277 (1947). As a public body it stands in a fiduciary relationship to the public and to taxpayers and its conduct must always be guided by the rule of good faith, fidelity and integrity. Heilig Bros. Co., Inc. v. Kohler, 366 Pa. 72, 76 A. 2d 613 (1950).
“This Court has held that the mushrooming of authorities at all levels of government and the frequent complaints that the agencies arbitrarily or capriciously and unintentionally ignore or violate rights which are ordained or guaranteed by the Federal and State Constitutions and established law make it imperative that a check rein be kept upon them. Keystone Raceway Corp. v. State Harness Racing Commission, 405 Pa. 1, 173 A. 2d 97 (1961).” We conclude that courts have the power to inquire into, and therefore have jurisdiction in, those instances where governmental bodies exercise their discretion in bad faith, fraudulently, capriciously, or by an abuse of power. Blumenschein, v. Pittsburgh Housing Authority, 379 Pa. 566, 109 A. 2d 331 (1954).
However, this is the standard of judicial review and not the test of determining jurisdiction. In addition, the preclusion of judicial review is not lightly to be inferred but requires a showing of clear evidence of legislative intent. Environmental Defense Fund Inc. v. Hardin, 428 F. 2d 1093 (D.C. Cir. 1970).
Since we agree with the lower court that it had jurisdiction over the subject matter, we turn our atten
Our decision today should not suggest that plaintiffs have pled a good cause of action or that any or all of the relief sought by their complaint should be afforded to them. We merely decide that the lower court’s determinations that plaintiffs had standing to bring the action and that the court had jurisdiction over the subject matter were correct. Therefore, the overruling of Sherman’s preliminary objections with leave to file an answer must be affirmed.
Order affirmed.