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GEORGE W. GEKAS v. GOVERNOR MILTON J. SHAPP ET AL. (10/08/76)

decided: October 8, 1976.

GEORGE W. GEKAS, APPELLANT,
v.
GOVERNOR MILTON J. SHAPP ET AL.



COUNSEL

Melman, Gekas & Nicholas, George W. Gekas, Harrisburg, for appellant.

Gerry J. Elman, Deputy Atty. Gen., Harrisburg, for appellees.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Jones

[ 469 Pa. Page 3]

OPINION

In this appeal, we are called upon to review the decision of the Commonwealth Court sustaining preliminary objections to appellant's complaint in equity.*fn1 After reviewing the pleadings and applicable law, we are convinced that the Commonwealth Court reached the correct result and will affirm.

In 1974, the appellant, George W. Gekas, in his capacity as citizen and taxpayer, filed a complaint in equity in

[ 469 Pa. Page 4]

    the Commonwealth Court seeking to enjoin the appellees, Governor Milton J. Shapp, Secretary of Property and Supplies, Frank C. Hilton and State Treasurer, Grace M. Sloan, from taking further steps to implement office leases executed by the appellee, Frank C. Hilton. The leases were entered into pursuant to the transfer and relocation of the Division of Vital Statistics in the Department of Health from Harrisburg, Pennsylvania, to New Castle, Pennsylvania, and the Bureau of Liquid Fuels Tax and the Bureau of Cigarette and Beverage Taxes in the Department of Revenue from Harrisburg, Pennsylvania, to Lewistown, Pennsylvania.

The gist of appellant's confusing complaint appears to be that the removal of these offices from their present locations in Harrisburg where, according to appellant, they are presently "properly and adequately" accommodated, constitutes a waste of taxpayers' money. He alleges that this removal is in violation of Section 2402(d) of the Administrative Code of 1929, which provides in pertinent part:

"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 ...


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