This is a direct appeal from the orders of July 15, 1983 and July 19, 1983, adjudging appellants in civil contempt of court for wilfully disregarding a preliminary injunction previously issued by the trial court on January 10, 1983. Upon a thorough review of the record in this case, we affirm the trial court’s adjudications of contempt.
Appellee, the Neshaminy Water Resources Authority (NWRA), is an independent Municipal Authority formed by the Commissioners of Bucks County. This dispute arose in response to the NWRA’s attempts to build a water pumping
[T]he Court, effective immediately upon entry hereof, hereby preliminarily enjoins and restrains Defendants and each of them including unnamed persons, firms and corporations acting in concert therewith from all of the following until further Order of this Court:
(A) Trespassing upon all of the premises of Plaintiff including those described in Exhibits “A” and “G” attached to their Complaint in Equity a copy of which is attached hereto which descriptions are herein incorported by reference and upon all of the easements of Plaintiff and the parking lot of the Mountainside Inn as described in hearing Exhibits “NWRA 6, 7 A and B” which are likewise so incorporated herein.
(B) Blocking ingress to and egress from the aforesaid premises of Plaintiff by Plaintiff, its contractors or anyother persons, firms or corporations specifically authorized or licensed by Plaintiff to enter thereupon, by any means whatsoever including, but not limited to Defendants parking vehicles, placing objects or persons in a manner preventing ingress and egress either directly upon said premises or upon River Road in the vicinity of said premises or upon the right of way thereof or upon the premises of others in the immediate vicinity of Plaintiff’s said premises by reason whereof Plaintiff’s access to its premises would be blocked.
(C) Interfering with, blocking or disrupting in any manner whatsoever with the scheduled orderly commencement and completion of the work to be performed upon all of the above premises and in the Delaware River and upon the towpath of the canal by all contractors employed by Plaintiff and other upon or near said premises with the express consent of Plaintiff for the purpose thereof.
(D) Granting Plaintiff such other and further relief as the Court may determine to be justly proper, including but not limited to compensatory and punitive damages.
The Defendants enjoined in this order included, among others, Del-Aware Unlimited, Inc., a non-profit corporation whose members were opposed to the water diversion project, and Albert M. Giordano.
The entry of the injunction did not end the controversy. Shortly thereafter NWRA requested the trial court to hold the named defendants in civil contempt, alleging that they were actively violating the court’s order. Numerous other pleadings were then filed by both parties and depositions and hearings ensued. On July 11, 1983, major demonstrations were again held at the site of the pumping station. The Sheriff’s department had been notified of the planned protest beforehand, and a number of deputies were dispatched to the site at 7:30 a.m. on July 11, 1983. They found Albert Giordano positioned atop a crane located at the site with a rope fastened about him, and approximately thirty individuals, including appellants, Joseph Grinrod, Wil
Immediately after being taken into custody, appellants were brought before the Bucks County Court of Common Pleas. The trial judge issued a rule upon each protestor to show cause why he/she should not be held in contempt of court for violating the January 10, 1983 order. Hearing dates were then set for July 15, 1983 and July 19, 1983, respectively.
At the July 15, 1983 hearing, deputies from the Sheriffs office testified to the events of July 11, 1983 as described above. In addition, the resident engineer responsible for construction at the site testified that work was delayed during the demonstration. The defendants presented only one witness in order to clarify confusion regarding the identity of one of the protestors. Following this hearing, the court made the rules to show cause absolute against
At the July 19, 1983 hearing, counsel for Appellants Crooks and Delvecchio stipulated that their behavior during the July 14, 1983 demonstration was in violation of the terms of the January 10, 1983 injunction. Thus, these appellants were likewise adjudicated in contempt and conditionally confined to Bucks County Prison until such time as they agreed to abide by the terms of the injunction. On appeal from the trial court’s adjudication of contempt, appellants contend that: 1) the evidence was insufficient to support a finding that appellants, Grinrod, Hines, McCormick, and Olczak were within the class of persons enjoined by the injunction order; 2) the trial court did not follow the proper procedure for an adjudication of civil contempt; and,
It is axiomatic that an appellate court’s scope of review in equity matters is very narrow. The trial court’s findings will not be disturbed absent a clear error of law or abuse of discretion.
Commonwealth Department of Environmental Resources v. Pennsylvania Power Co.,
Appellants first contend that the evidence was insufficient to sustain a finding that Hines, Grinrod, Olczak and McCormick were within the class of persons enjoined by the injunction decree.
1
We note at the outset that this claim was not raised in the trial court. Appellants appeared at the hearings held to determine whether they were in contempt of court and they were represented by counsel. At no time did any appellant claim that he or she was not bound by the original injunction decree. Issues not raised in the trial court may not be raised on appeal and are deemed waived.
Irrera v. SEPTA,
Nonetheless, we are compelled to point out that persons
not
parties to an injunction order are bound to observe its restrictions when those restrictions are known to such persons to the extent that they must not aid and abet its violation by others. In addition, if persons are not parties to the injunction order, but its terms are known to them and they are within the class intended to be restrained, they may not violate the injunction’s restrictions.
Brightbill v. Rigo, Inc.,
The injunction order herein preliminarily enjoined the defendants named in the order and
“unnamed persons,
firms and corporations
acting in concert therewith
...” from engaging in certain conduct on the property of NWRA. (emphasis added.) Del-Aware Unlimited, Inc. and Albert M. Giordano were named parties in this order. Despite the fact that the order was read to the protestors and posted at the site, appellants remained there while Albert Giordano was strapped to the crane in the construction area; they sang songs in unison while the terms of the injunction were read aloud; they were among the group of persons who formed lines by linking arms with other protestors on NWRA property. Appellants had actual knowledge of the order, since.it was read to them and posted on the site. Nonetheless, appellants acted in concert or combination with a named defendant in preventing and interfering with construction work on private property owned by NWRA without NWRA’s permission and their conduct fell within the scope of the injunction decree.
See United States v. Hall,
It appears that Albert Giordano was the only named defendant in the original injunction order who was present during the demonstrations at the site on July 11, 1983. However, Del-Aware Unlimited, Inc. was also named in the original order and where an injunction has issued against a corporation, it may be enforced against officers, agents, representatives, and employees of the corporation who knowingly violate its provisions.
See Brightbill v. Rigo, Inc., supra; Americans Be Independent v. Com
Appellants next contend that the trial court failed to afford them the proper procedural safeguards before holding them in contempt of court. Specifically, appellants claim that the procedure employed by the trial court lacked the following five essential elements enunciated in Crislip v. Harshman, supra:
1) a rule to show cause why attachment should not issue;
2) an answer and hearing; 3) a rule absolute (arrest); 4) a hearing on the contempt citation; and 5) an adjudication of contempt.
These contempt proceedings were grounded upon appellants’ violation of a preliminary injunction that had been entered after a full hearing. The terms of the injunction were read aloud to all protestors and posted in plain view before those persons were taken into custody for its violation.
3
Pursuant to Pa.R.C.P. 1529(c) governing equity actions, “[a] party who fails to comply with a decree may be arrested by attachment ...” Where, as here, the contemnors are in custody pursuant to this rule the first three steps specified in
Crislip
and
Altemose
are redundant.
Rouse Philadelphia Inc. v. Ad Hoc '78, et al.,
We hold that contempt proceedings which are predicated upon the violation of an order which has been served on the contemnor and entered after a full hearing on the merits thereof may be commenced by attachment, and due process requires no more than notice of the violations alleged and opportunity for explanation and defense. Riccobene Appeal,439 Pa. 404 ,268 A.2d 104 (1970).
Id.; see also Americans Be Independent v. Commonwealth of Pennsylvania, supra (where civil penalties for violation of injunction are sought, the following process is due: 1) accused must be informed of accusations against him; 2) he must be given timely notice and opportunity to answer and defend; and 3) proceedings must be fair and impartial).
In the instant case, appellants were certainly given notice of their alleged violation of the January 10, 1983 order when the sheriff read the injunction order and posted it at the site, and additionally, when the trial court issued the rule to show cause upon them in open court. Appellants were afforded an opportunity to answer and be heard
Finally, appellants argue that the trial court erred in treating these proceedings as civil rather than criminal in nature. We disagree.
The controlling factor in drawing the line between civil and criminal contempt is the “dominant purpose and objective of the court’s order.”
Altemose Construction Co. v. Building and Construction Trades Council of Philadelphia,
In this case, the trial judge specifically stated that he held appellants in
civil contempt
of a previous court order and that he sought only to compel compliance with that court order. Indeed, he characterized the contempt adjudication as a “conditional disposition”; the condition
Several factors have been identified as characteristic of a civil contempt proceeding:
(1) where the complainant is a private person as opposed to the government or a governmental agency; (2) where the proceeding is entitled in the original injunction action and filed as a continuation thereof as opposed to a separate and independent action; (3) where holding the defendant in contempt affords relief to a private party; (4) where the relief requested is primarily for the benefit of the complainant; and (5) where the acts of contempt complained of are primarily civil in character and do not of themselves constitute crimes or conduct by the defendant so contumelious that the court is impelled to act on its own motion.”
Rouse Philadelphia Inc. v. Ad Hoc '78, et al.,
The NWRA is an independent municipal authority created by Bucks County pursuant to the Municipal Authorities Act of 1945, 53 P.S. § 301, et seq., and thus, it is an “arm” of the county government. Nonetheless, the other factors associated with a civil contempt are present here. The contempt proceedings were entitled in the original injunction action and handled as a continuation thereof by the trial judge. Holding the protestors in contempt of court afforded relief to NWRA, thereby protecting it from unlawful interference that would delay construction work and ultimately result in lost revenues from the sale of water.
Orders affirmed.
Notes
. At the hearing held on July 19, 1983, Appellants Crooks and Delvecchio stipulated to facts indicating that they were bound by the terms of the injunction and that they had violated its restrictions. Thus, on appeal, these appellants did argue that they were not bound by the injunction.
. Appellants also argue that the language of the injunction order which bound all persons acting “in concert” with the named defendants was too broad because, in effect, it bound the whole world. Federal Rule of Civil Procedure 65(d) provides that an injunction binds parties, their servants and agents and "those persons in active concert or participation” with the parties named. The "in concert” language of that rule was adopted to restrict, rather than broaden, the reach of injunctions.
See Vuitton et FILS,
S.A.
v. Carousel Handbags,
. Formal service of such an injunction is not required prior to the contempt adjudication as long as the parties involved had actual notice of the order.
See, Thompson v. Johnson,
. Ironically, many residents in the area viewed the Neshaminy Water Diversion Project as detrimental, rather than beneficial, and it was for that reason that these protests occurred.
