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E-Z PARKS v. PHILADELPHIA PARKING AUTHORITY AND FIVE STAR PARKING COMPANY (09/04/86)

decided: September 4, 1986.

E-Z PARKS, INC., APPELLANT
v.
PHILADELPHIA PARKING AUTHORITY AND FIVE STAR PARKING COMPANY, APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of E-Z Parks, Inc. v. Philadelphia Parking Authority and Five Star Parking Co., No. 2484 December Term, 1984.

COUNSEL

Leslie Weisse, for appellant.

S. David Fineman, Hunt & Fineman, P.C., Of Counsel: James C. Crumlish, III, General Counsel, for appellee, Philadelphia Parking Authority.

Judge Barry, and Senior Judges Rogers and Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. President Judge Crumlish, Jr., did not participate in the decision in this case.

Author: Kalish

[ 100 Pa. Commw. Page 304]

E-Z Parks, Inc. (E-Z) appeals from an order of the Court of Common Pleas of Philadelphia County which sustained preliminary objections of the Philadelphia Parking Authority (Authority) to a complaint for declaratory and injunctive relief filed by E-Z against Five Star Parking Co. (Five Star) and the Authority. We affirm the action of the trial court.

The Authority solicited public competitive bids from parking companies for the operation of a parking facility located at Tenth and Ludlow Streets in Philadelphia. The only two companies that submitted bids were E-Z and Five Star. Following a review of the sealed bids submitted in response to the solicitation, the Authority awarded the operation of the parking facility to Five Star, as the lowest responsible bidder.

E-Z filed a complaint in equity in the trial court, alleging that Five Star's bid was "mala fide", and therefore,

[ 100 Pa. Commw. Page 305]

    the award of the contract to Five Star by the Authority was arbitrary and capricious. The Authority filed preliminary objections in the nature of a demurrer to E-Z's complaint, arguing that E-Z failed to state a cause of action upon which relief could be granted. The trial court sustained the Authority's preliminary objections.

The thrust of E-Z's complaint was that Five Star's bid was "mala fide" because it proposed to pay the Authority one hundred percent of the revenue from the operation of the parking facility. E-Z's complaint further alleged that the supporting data supplied with Five Star's bid grossly inflated prospective revenues, and that expenses and taxes were calculated incorrectly. Thus, E-Z contends that the Authority abused its discretion, and acted in bad faith and in an arbitrary and reckless manner when it awarded the contract to Five Star.

Preliminary objections admit as true only such facts of the complaint as are well-pleaded, as are material and relevant, and only such inferences as are reasonably deducible from such facts. They admit neither conclusions of law, nor inferences unwarranted by the admitted facts, nor argumentative allegations, nor expressions of opinion. Flaherty v. Port Authority of Allegheny County, 450 Pa. 509, 299 A.2d 613 (1973); Hyam v. Upper Montgomery Joint Authority, 399 Pa. 446, 160 A.2d 539 (1960), cert. denied 364 U.S. 288 (1960); Larrecq v. Van Orden, 21 Pa. Commonwealth Ct. 623, 346 A.2d 922 (1975).

Our courts will not review and are loathe to interfere with an administrative tribunal involving acts of discretion. This court will not inquire into the wisdom of such action in the absence of bad faith, fraud, capricious action or abuse of power, thus substituting its judgment for that of the Authority. Flaherty; Hyam. While ...


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