Opinion
January 19, 1971.
December 20, 1971.
Before JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 452, Jan. T., 1970, from decree of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1969, No. 6416, in case of Preston L. Walker, Thomas Maxwell, Fleming Harris, Benjamin Harris and Thomas Hardy, trustees of The Greater St. Joseph's Baptist Church; Greater St. Joseph's Baptist Church v. City of Philadelphia and William M. Lennox. Decree vacated and complaint dismissed for lack of jurisdiction.
Equity. Before GREENBERG, J.
Preliminary objections by defendants dismissed. Defendants appealed.
John B. Day, Assistant City Solicitor, with him Charles Kovler, Assistant City Solicitor, Matthew W. Bullock, Jr., First Deputy City Solicitor, and Levy Anderson, City Solicitor, for appellants.
Robert Thomas Richards, with him Herbert J. Hutton, for appellee.
Decree vacated and complaint dismissed for lack of jurisdiction in equity, without prejudice to the rights of plaintiffs to proceed before the appropriate taxing authorities.
Mr. Chief Justice BELL took no part in the consideration or decision of this case.