Opinion by
Prank Golumbeski, George Pollock and Anna Pollock (Appellants) initiated this action on January 23, 1981, against The Mountaintop Area Joint Sanitary Authority and the nine directors thereof (Authority). Appellants seek relief in the form of surcharge and refund, and the ouster of the directors from future membership on the Sanitary Authority. In response to the complaint, the Authority filed certain preliminary objections pursuant to Pa. E.C.P. 1017. On May 12, 1981 the court of common pleas filed an opinion and order which sustained the motion for a more specific pleading, objection to the misjoinder of causes of action, and a demurrer. The court granted Appellants thirty (30) days to amend the complaint. On June 17, 1981, following the failure to amend the complaint, and upon the Praecipe of Appellants, Judgment of Non Pros was entered by the Court.
It is well established that a demurrer admits as true all well-pleaded material facts included in the complaint but does not, however, admit conclusions of law. Reardon v. Wilbur, 441 Pa. 551, 272 A.2d 888 (1971).
By failing to amend, Appellants chose to stand on the merits of their complaint in which they allege that the Authority twice illegally adopted amended budgets for the year 1980 so as to allow for increased operating expenses. Before this Court, Appellants contend that their complaint was sufficient because
In support of their assertions Appellants cite decisions of this Court which are not applicable to the facts of the case at bar. For example, in Weaver v. Tracy, 62 Pa. Commonwealth Ct. 271, 436 A.2d 253 (1981), we held that an agreement whereby the County Solicitor, as a county officer, would receive remuneration for services rendered at an hourly rate violated the “fixed and specific salary” provision of Section 1605 of the County Code.
Similarly, in Cotlar v. Warminster Township, 8 Pa. Commonwealth Ct. 163, 302 A.2d 859 (1973), we
Finally, Appellants cite to Tate v. Antosh, 3 Pa. Commonwealth Ct. 144, 281 A.2d 192 (1971), a case arising under the First Class City Home Eule Act (FCCHEA),
In light of the foregoing discussion, the fact that Section 306 (n) of the MAA, 53 P.S. §306 (n) permits the Authority “ [t]o do all acts and things necessary or convenient for the promotion of its business and the general welfare of the Authority, to carry out the powers granted to it by this Act or any other acts” and the fact that Appellants have failed to allege specific violations of the MAA or that funds have been appropriated for improper purposes we must affirm the common pleas court’s sustaining of the demurrer.
Accordingly, we enter the following
Order
Now, August 12, 1982, the order of the Court of Common Pleas of Luzerne County, in the above captioned matter, at No. 305-C of 1981, is hereby affirmed.
Act of August 9, 1955, P.L. 323,. as amended, 16 P.S. §1605.
Act of May 2, 1945, P.L. 382, as amended, 53 P.S. §§301-322.
Also weighing in the Court’s decision were specific provisions of the County Code requiring budgets to be as accurate as possible and severely restricting amendments to the budget and the ability of counties to borrow to meet deficits. Analogous provisions and restrictions are absent from the MAA.
Act of May 1, 1933, PX. 103, as amended, 53 P.S. §§65101-66964.
Act of April 21, 1949, PX. 665, as amended, 53 P.S. §§13101-13157.
Having so done, we need not address collateral issues raised by tbe Appellants.
