Opinion
March 23, 1971.
December 20, 1971.
Appeals — Jurisdiction — Commonwealth Court — Equity actions against governmental units — Merits of appellants' contention — Appellate court jurisdiction — Act of July 31, 1970, P. L. 673 — Act of June 21, 1939, P. L. 626.
In this case, in which it appeared that the overall issue presented was whether a court of equity has jurisdiction and competency to act upon a complaint questioning the validity of the Act of June 21, 1939, P. L. 626, § 7, as amended, it was Held, without considering the merits of appellants' contention, that the appellate court having jurisdiction over equity actions against governmental units, i.e., the Commonwealth Court, should decide that question.
Argued March 23, 1971. Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeals, Nos. 39, 40, 41, 42, 47, 49 and 54, March T., 1971, from order of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1970, No. 1341, in case of Borough of Green Tree and John C. Phillips and Elizabeth P. Phillips, Emil S. Kapcar and Helen Kapcar et al. v. The Board of Property Assessments, Appeals and Review of Allegheny County. Appeals transferred to Commonwealth Court.
Equity actions consolidated for argument and trial. Before OLBUM, J.
Orders entered dismissing complaints. Plaintiffs and intervening plaintiffs appealed.
Donald J. Lee, with him Gilbert E. Morcroft, Anthony P. Bartiromo, Richard G. Zeleznik, Alfred James Duff, John F. McGinty, Henry R. Rea, Jr., and Dougherty, Larrimer, Lee Hickton, Lichtenstein Bartiromo, Miller, Entwisle Duff, and Smiley and McGinty, for appellants. Maurice Louik, County Solicitor, with him Francis A. Barry, Deputy County Solicitor, and Thomas M. Rutter, Jr., Assistant County Solicitor, for appellees.
The overall issue presented by these appeals is whether a court of equity has jurisdiction and competency to act upon a complaint questioning the validity of the Act of June 21, 1939, P. L. 626, § 7, as amended, 72 P. S. § 5452.7. If equity has jurisdiction, as appellants contend, the Commonwealth Court would have appellate jurisdiction under Section 402(4) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, § 402(4), 17 Pa.C.S.A. § 211.402(4) (Supp. 1971). Without considering the merits of appellants' contention, we believe that the appellate court having jurisdiction over equity actions against governmental units, i.e., the Commonwealth Court, should decide that question.
The appeals are transferred to the Commonwealth Court.