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ARDEN L. MOYER AND MOYER REALTY AND INSURANCE COMPANY v. STATE REAL ESTATE COMMISSION. CLOYD E. BRENNEMAN V. STATE REAL ESTATE COMMISSION (04/13/71)

decided: April 13, 1971.

ARDEN L. MOYER AND MOYER REALTY AND INSURANCE COMPANY, INC.
v.
STATE REAL ESTATE COMMISSION. CLOYD E. BRENNEMAN V. STATE REAL ESTATE COMMISSION



Appeals to the Court of Common Pleas of Dauphin County from the orders of the State Real Estate Commission, Cases Nos. 1591, 1598 and 1603. Appeals transferred September 1, 1970, to the Commonwealth Court of Pennsylvania.

COUNSEL

David Goodwin, with him Fruit, Dill & Goodwin, for Moyer and Moyer Realty and Insurance Company, Inc., appellants.

Chester B. Scholl, for Brenneman, appellant.

Steven Kachmar, Assistant Attorney General, for appellee.

Judges Kramer, Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 1 Pa. Commw. Page 516]

These are appeals from an adjudication and order of the State Real Estate Commission suspending for 90 days the broker's licenses of Arden L. Moyer, Moyer Realty and Insurance Company, Inc. and Cloyd E. Brenneman. The actions of the Commission in the cases of the three licenses grew out of the same set of circumstances and there was but one hearing and one adjudication. We will, therefore, dispose of the three appeals together.

Arden L. Moyer has held a license as a real estate broker since 1952 and his corporation, Moyer Realty and Insurance, Inc., has held a broker's license since 1954. The broker's license of Cloyd E. Brenneman, an

[ 1 Pa. Commw. Page 517]

    employe of Moyer, dates from March 10, 1969. Moyer and Brenneman are persons of good reputation as specifically found by the Commission.

The genesis of appellants' troubles was a meeting of leading citizens of Mercer County, Pennsylvania, held in the Court House in January or February of 1969. The purpose of the meeting was to hear a report of the Planning Commission of Mercer County, of which Moyer was chairman, on the subject of the location of a regional jail in Mercer County. Representatives of the State Bureau of Correction were present and after the meeting a motor vehicle caravan was formed to enable these persons to inspect suggested sites. They expressed a preference for a location in Cool Spring Township but protests from the people of Cool Spring Township were such as to prevent the establishment of the jail there. Hindsight has instructed Arden L. Moyer that it would have been well at this point to concern himself no further with the regional jail. However, he called on the General State Authority, obtained the State's requirements, made a further investigation of possible sites in Mercer County, and reported back to the Bureau of Correction. Mr. Arthur T. Prasse, Commissioner of the Bureau of Correction of the Department of Justice, accompanied by his Administrative Assistant and is Director of Engineering, came to Mercer County and Mr. Moyer took them to several places which he thought would meet their requirements. These officers decided on a site in Findley Township and told Moyer to "put it together." The State, however, declined to pay Moyer for his services suggesting that he look for compensation to the owners of the land the State would purchase through his agency. Thereupon, Moyer and Brenneman called on landowners and solicited written agreements listing their properties for sale. The complaints against the appellants which resulted

[ 1 Pa. Commw. Page 518]

    in the suspensions here appealed from were made by persons approached by Moyer and Brenneman. The complainants, when they made these charges, were members of or sympathizers with ...


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