Opinion by
The instant matter comes before this Court within its original jurisdiction. The plaintiffs, five of whom are individuals and one a corporate body, filed this action in equity on their own behalf and on behalf of that class of persons similarly situated, i.e., those in the business of maintaining and operating auto wrecking lots under the “Miscellaneous Motor Vehicle Business” Provision in Section 102 of The Vehicle Code, Act of April 29, 1959, P. L. 58, as amended, 75 P.S. 102. They seek to enjoin the defendants from citing and prosecuting the plaintiffs and/or members of their class under an improper interpretation of the Vehicle Code. The defendants, officials of this Commonwealth, are those empowered with the authority over the issuance, administration and enforcement of motor vehicle license tags.
The plaintiffs aver that for many years they transported “auto hulks” on truck vehicles displaying “C license plates.”
On July 1, 1971, the defendants filed preliminary objections raising a question of the jurisdiction of this court on the grounds that the plaintiffs had adequate remedies at law by way of a right of appeal from summary convictions before a justice of the peace (or in the case of a conviction in the court of common pleas, to the Superior Court) or by way of the Uniform Declaratory Judgments Act of 1923, Act of June 18, 1923, P. L. 840, as amended, 12 P.S. 831 et seq. On June 22, 1971, by order of President Judge Bowman, this matter was set down for a hearing to be held on July 7, 1971. The matter was called for hearing on that date and the defendants’ counsel called to the attention of
In view of the fact that the matter before the court at that first hearing was whether or not a preliminary injunction should be granted, the court proceeded, without further protest from the defendants, to hear testimony. On July 8, 1971, this Court issued a preliminary injunction restraining the defendants from further prosecution of wrecking lot owners pending further order of Court. Defendants, on October 12, 1971, filed a petition to dissolve the preliminary injunction, alleging a denial of due process in that the Court had failed to rule first on the defendants’ preliminary objections. This latter petition was joined with the issues raised by the preliminary objections for a consolidated argument.
The defendants are quite correct in their argument that this Court has only that jurisdiction which is granted to it by the legislature (Article V, Section 4 of the Pennsylvania Constitution). The defendants are likewise correct when they point out that one of the purposes of preliminary objections is to provide an exclusive method for raising a question of jurisdiction which shall be preliminarily determined by the court upon the pleadings as set forth in the Act of March 5, 1925, P. L. 23, Section 1, 12 P.S. 672. However, the defendants go further and argue that the court must set forth in specific language that it has jurisdiction before it can issue a preliminary injunction. In this latter regard, the defendants have erred in construing the intent and purpose of a preliminary injunction.
We can find no authority, and the defendants present none, for their proposition that this Court must state in specific language that it has jurisdiction in a particular case before going on to consider the propriety of the issuance of a preliminary injunction. We therefore will dismiss the defendants’ petition to dissolve the preliminary injunction.
We next turn to the issues raised by the preliminary objections.
The defendants argue that the plaintiffs had an adequate remedy at law under the Uniform Declaratory Judgments Act, supra. As we read that Act, a declaratory judgment is available only in instances where no other remedy is available to the plaintiffs. If there is a common law remedy, a statutory remedy or another type of action under which the issues can be resolved, recourse to the Uniform Declaratory Judgments Act is inappropriate. See Oberts v. Blickens et al., 131 Pa. Superior Ct. 77, 198 A. 481 (1938); Lakeland Joint School District Authority v. Scott Township School District, 414 Pa. 449, 200 A. 2d 882 (1964). There is no merit therefore to the defendants’ argument that the declaratory judgment route should have been followed by the plaintiffs in this case.
The matters complained of by the plaintiffs are not those of a single criminal prosecution or an isolated criminal prosecution. The complaint alleges state-wide harassment by the State Police at the direction of the Department based upon what the plaintiffs allege to be an erroneous interpretation of the statute. Even though the possibility is conceded that one of the individual plaintiffs might receive an adverse judgment in criminal court and thereafter raise the basic issue of the interpretation of the Vehicle Code Section, nevertheless the allegations of constant harassment and the filing of numerous criminal actions throughout the State leads us to the conclusion that equity must take jurisdiction in this case to protect the personal and property rights of the plaintiffs.
It is well settled that equity does have jurisdiction to enjoin the police authorities from enforcing an unconstitutional or void statute. Chief Justice Bell, in the case of Bertera’s Hopewell Foodland, Inc. v. Masters, at 428 Pa. 20, 54, 236 A. 2d 197, 220 (1967), in a
In Pennsylvania Society for the Prevention of Cruelty to Animals v. Bravo Enterprises, Inc., 428 Pa. 350, 237 A. 2d 352 (1968), Meadville Park Theatre Corporation v. Mook et al., 337 Pa. 21, 10 A. 2d 437 (1940), and Martin v. Baldy, 249 Pa. 253, 94 A. 1091 (1915), the Court pointed out that as a general rule an injunction should not be used to enjoin criminal proceedings. The Court, however, went on to point out that an injunction may lie where there is a direct invasion of property rights resulting in irreparable injury through the enforcement of an invalid statute. We have not yet reached the point in this case where we have had presented to the Court the full record on whether or not the statute, its interpretation or its enforcement is valid or invalid. At this point in the proceedings, accepting, as we must, all of the well pleaded averments of the plaintiffs to be true, there are sufficient allegations of harassment and irreparable injury to the personal and property rights of the plaintiffs to support a possible cause of action in equity and therefore we will overrule the preliminary objections of the defendants.
And Now, this 29th day of December, 1971, after argument in open court before the court en banc (1) the motion to dissolve the preliminary injunction is denied, and it is hereby ordered that the petition be dismissed, (2) the preliminary objections of the defendants are overruled with leave granted to the defendants to file an answer within twenty days from the date of service of a copy of this order.
The plaintiffs maintain the position that their use of a “C license plate” is proper, i.e., plates referred to by the Vehicle Code, supra, 75 P.S. 714, as Miscellaneous Motor Vehicle Business Registration Plates. The statute requires the payment of $50.00 for the first plate and $10.00 for each additional annual registration. The defendants argue that plaintiffs are required to procure Commercial Vehicle Registration Plates, 75 P.S. 704, at costs based upon gross weight, with a ceiling of $535.00.
