452 A.2d 1137
Commonwealth Court of Pennsylvania.Argued June 8, 1982
December 8, 1982.
Argued June 8, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL.
Appeal, No. 2849 C.D. 1981, 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.
Action in mandamus in the Court of Common Pleas of Montgomery County. Preliminary objections in the nature of a demurrer filed. Preliminary objections sustained. Complaint dismissed. HESS, S.J. Plaintiffs appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Richard C. Sheehan, for appellants.
Roger B. Reynolds, Sr., with him Roger B. Reynolds, Jr., Brownback Reynolds, for appellees.
Page 289
OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 8, 1982:
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).
Affirmed.
ORDER
The Montgomery County Common Pleas Court order, No. 81-13478, dated November 6, 1981, is hereby affirmed.