Original jurisdiction in case of George W. Gekas, v. Governor Milton J. Shapp, Secretary Frank C. Hilton and State Treasurer Grace M. Sloan.
George W. Gekas, with him Robert B. Lieberman and Melman, Gekas and Nicholas, for plaintiff.
Gerry J. Elman, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Crumlish, Jr.
[ 17 Pa. Commw. Page 119]
George W. Gekas (Plaintiff) filed a Complaint in Equity in our Court, seeking to enjoin Governor Milton J. Shapp, Frank C. Hilton, Secretary of Property and Supplies, and Grace M. Sloan, State Treasurer (Defendants) from taking further steps to implement two leases for office space which had been executed on behalf of the Commonwealth.
The first lease provided space for the use of the Division of Vital Statistics of the Department of Health in New Castle, Pennsylvania. The second leased space in Lewistown, Pennsylvania, was to be used by two bureaus of the Department of Revenue. Both proposed sites are outside the geographic confines of Harrisburg, the capitol of the Commonwealth of Pennsylvania.
We are asked to decide whether Defendants' preliminary objections should be sustained. These objections should be and are sustained.
[ 17 Pa. Commw. Page 120]
Winding through the tortuous path charted by Plaintiff's complaint, we find the first relevant paragraphs relating to preliminary objections lodged are paragraphs eight (8) and nine (9) which state:
"8. The execution of these leases by the defendant, Frank C. Hilton, Secretary of Property and Supplies, is violative of the statutory law of the Commonwealth of Pennsylvania as provided in: Subsection (d) of Section 2402 of the Act of April 9, 1929, P.L. 177, No. 175, (71 P.S. § 632), known as 'The Administrative Code of 1929'."
"Section 2402. Grounds, buildings and monuments in general. The Department of Property and Supplies shall have the power, and its duty shall be:
"(d) To contract in writing for and rent proper and adequate offices, rooms, or other accommodations, outside of the Capitol buildings, for any department, board, or commission, which cannot be properly and adequately accommodated with offices, rooms, and accommodations in the Capitol buildings; and, in all cases in which the head of a department, for such department or for a departmental administrative board or commission within such department, or an independent administrative board or commission, with the approval of the Executive Board, has established or is about to establish a branch office in any city or place outside of the capitol city, with the approval of the Board of Commissioners of Public ...