decided: December 8, 1982.
LOIS WOOD ET AL., APPELLANTS
A. RUSSELL PARKHOUSE ET AL., APPELLEES
Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of Lois Wood, Carl A. Buchenauer, Edmund J. Maloney, Nancy T. McFarland and Anthony Santangelo v. A. Russell Parkhouse, Rita C. Banning and Paul B. Bartle, Commissioners of Montgomery County, No. 81-13478.
Richard C. Sheehan, for appellants.
Roger B. Reynolds, Sr., with him Roger B. Reynolds, Jr., Brownback & Reynolds, for appellees.
President Judge Crumlish, Jr. and Judges Rogers, Blatt, Craig and MacPhail. Opinion by President Judge Crumlish, Jr.
[ 70 Pa. Commw. Page 289]
Appellants, citizens of Montgomery County, filed an action in mandamus to compel the Montgomery County Commissioners to establish a County Prison Board. They alleged that the Second Class County Prison Board Act, Act of December 10, 1980, P.L. 1152, 61 P.S. § 407.1, applied to Second Class A Counties (Montgomery County).
The Commissioners' preliminary objections asserted that this Act applied only to Second Class Counties. The Montgomery County Common Pleas Court sustained the preliminary objections in the nature of a demurrer and dismissed appellants' complaint.
We affirm on the able opinion of Hess, J., below, Pa. D. & C.3rd (1981).
The Montgomery County Common Pleas Court order, No. 81-13478, dated November 6, 1981, is hereby affirmed.
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