William A. Kramer, 2nd, with him Edward C. Hussie, for plaintiff.
Michael Louik, Assistant Attorney General, with him Thomas B. Holloran, Assistant Attorney General, Edward Weintraub, Deputy Attorney General, and Lawrence T. Hoyle, Jr., Deputy Attorney General, for defendants.
Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Wilkinson.
[5 Pa. Commw. 528 Page 529]
Plaintiff filed a Complaint in Equity, praying:
(1) That the defendants be enjoined from using State-owned sound equipment, speakers' platform, and parking facilities "against the judicial branch of any government now or at any time in the future";
(2) That the defendants be ordered to account to the plaintiff for the costs incurred, etc., in granting permission for the use of the equipment;
(3) That the defendants be ordered to pay the amount shown by the account to the State Treasurer.
Defendants filed Preliminary Objections, inter alia, in the nature of a demurrer. The demurrer must be sustained, making it unnecessary to pass upon the other preliminary objections.
This action, as set forth in the complaint, grows out of the defendants' supplying the sound equipment, speakers' platform, and parking facilities "to certain individuals" without a charge, for the purpose of conducting a public demonstration "in support of certain individuals presently under indictment by the United States government." The complaint alleges: "That the
[5 Pa. Commw. 528 Page 530]
Defendants have violated all known principles of government by permitting the use of the resources of the executive branch of government of the Commonwealth of Pennsylvania against the judicial branch of United States government and caused irreparable harm to the orderly processes of government generally and the taxpayers of the Commonwealth of Pennsylvania specifically." There is no allegation in the complaint that the defendants have violated any law, constitutional, statutory, or otherwise, of the Commonwealth of Pennsylvania, or of the United States government. Further, there is no allegation that in granting permission to use the equipment and parking facilities the defendants have acted in bad faith. Plaintiff has not ...