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CLOVERLEAF TRAILER SALES COMPANY v. PLEASANT HILLS BOROUGH ET AL. (11/13/50)

November 13, 1950

CLOVERLEAF TRAILER SALES COMPANY, APPELLANT,
v.
PLEASANT HILLS BOROUGH ET AL.



Appeal, No. 198, March T., 1950, from judgment of Court of Common Pleas of Allegheny County, July T., 1950, No. 1734, in case of Cloverleaf Trailer Sales Company v. Borough of Pleasant Hills et al. Judgment affirmed; reargument refused December 16, 1950.

COUNSEL

John A. Metz, Jr., with him Metz & Metz, for appellant.

Louis Rosenberg, for appellees.

Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.

Author: Chidsey

[ 366 Pa. Page 118]

OPINION BY MR. JUSTICE CHIDSEY

Cloverleaf Trailer Sales Company, appellant, filed its complaint in mandamus against the Borough and council of the Borough of Pleasant Hills and John E. Robinson, borough secretary, appellees, to compel issuance of a permit for operation and maintenance of a trailer camp within the borough in accordance with Ordinance No. 23, which provides for the regulation of trailer camps. This appeal is from the order of the court below sustaining preliminary objections to the complaint and the entry of judgment for appellees.

Cloverleaf Trailer Sales Company, in its complaint, averred, inter alia, that it is the owner and operator of a camp as defined in Ordinance No. 23 enacted by the borough on February 9, 1948, and effective on February 13, 1948; that it maintains and operates said camp at the intersection of Lebanon Church Road and Route 51, wholly within the limits of the Borough of Pleasant Hills; that said camp was presently existing on the effective date of said ordinance; that said ordinance has been held valid (Palumbo Appeal, 166 Pa. Superior Ct. 557, 72 A.2d 789); that on May 11, 1950, appellant by letter requested John E. Robinson, borough secretary, to issue permits to it for the years 1948, 1949 and 1950 for maintenance and operation of its camp; that accompanying said request was a check in amount of $75 as payment for the three permits; that on May 12, 1950, appellant was advised that said permits could not be issued for the reason that appellant had not filed with the borough the necessary plan and information required by the ordinance; that sections 4 and 5 of the ordinance requiring submission of numerous data with the application are not applicable to appellant for the reason that they relate only to permits for camps established after the effective date of the ordinance; that the act or duty which appellees

[ 366 Pa. Page 119]

    are required to perform is the issuance of permits to appellant which duty they have refused to perform; and, that there is no other adequate remedy at law.

Appellees' preliminary objections assert that the complaint does not aver that, since the effective date of the ordinance appellant's trailer camps continued without change or that it was in fact the same camp in May, 1950, that it was in February, 1948; that the complaint itself reveals that there was no failure to perform any administrative duty on the part of any of the appellees; that the complaint fails to show the camp was operating lawfully during the years 1948, 1949, and 1950, that it is presently operating lawfully, and, that it will operate lawfully in the future if a permit is issued; and, that the complaint fails to show that information required by section 5 of the ordinance was submitted when application for the permits was made.

Section 2 of the ordinance declares it to be unlawful for any presently existing camp to be maintained or operated unless a permit is issued and section 3 provides for a license fee of $25. Section 4 provides for special application to borough council and issuance of a permit for establishment of a camp. Section 5 of the ordinance provides: "Any person or persons, hereafter applying for a permit for the establishment or maintenance of any camp shall file therewith a copy of the plan of the proposed camp drawn to scale and showing the extent of the area to be used for camp purposes. In said plan shall be set forth the proposed roadways, driveways, sites for trailers, house-cars, cabins or cottages, the dimensions of the alloted space of each unit, the proposed sanitary provisions, laundry facilities, washroom ...


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