SHUEY v. LEBANON COUNTY, 413 Pa. 285 (1964)

196 A.2d 343

Shuey v. Lebanon County, Appellant.

Supreme Court of Pennsylvania.January 7, 1964.
January 9, 1964.

Argued January 7, 1964. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Appeal, No. 195, Jan. T., 1964, by special writ of certiorari, No. 80 Miscellaneous Docket No. 13, from Court of Common Pleas of Lebanon County, No. 11 Equity Docket, 1963, in case of Martin N. Shuey, Howard O. Stouffer, individually, and Property Owners’ Association of Lebanon County et al. v. County of Lebanon, Henry H. Mark, Herbert W. Markey and R. Dewey Shaak. Preliminary objections sustained and complaint dismissed.

Equity.

Preliminary objections filed by defendants in nature of demurrer; Supreme Court granted defendants’ petition for special writ of certiorari.

Page 286

Paul H. Rhoads, with him Frank A. Sinon, Henry W. Rhoads, Earl L. Brubaker, County Solicitor, and Rhoads, Sinon Reader, for appellants.

Philip S. Davis, with him Stanley W. Katz, and Davis Katz, for appellees.

OPINION PER CURIAM, January 9, 1964:

The petition for original jurisdiction is dismissed. The petition for certiorari was granted because of an apparent emergency. After argument, the preliminary objections are sustained and the complaint is dismissed without prejudice. Each party to pay own costs.

DISSENTING OPINION BY MR. JUSTICE COHEN:

The writ of certiorari having been improvidently granted, I would remand the record to the court below. Appellant here seeks an advisory opinion, to which request our Court should not accede.