59 A.2d 142 (Pa. 1948), 2259, McSorley v. Fitzgerald

Docket Nº2259
Citation59 A.2d 142, 359 Pa. 264
Opinion JudgeMR. JUSTICE HORACE STERN
Party NameMcSorley v. Fitzgerald et al
AttorneyFrancis P. Anton, for plaintiff. Anne X. Alpern, City Solicitor, for City of Pittsburgh, and for Public Parking Authority of Pittsburgh, defendants. Ralph B. Umsted, Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Commonwealth, intervenor. Walter W. McVay, for Downtown ...
Judge PanelBefore MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Case DateMay 24, 1948
CourtSupreme Court of Pennsylvania

Page 142

59 A.2d 142 (Pa. 1948)

359 Pa. 264

McSorley

v.

Fitzgerald et al

No. 2259

Supreme Court of Pennsylvania

May 24, 1948

Argued April 20, 1948

Original jurisdiction. No. 115, Miscellaneous Docket, March T., 1948, in case of G. Franklin McSorley v. Rufus H. Fitzgerald et al. Bill dismissed.

The bill is dismissed; the parties to bear their respective costs.

Francis P. Anton, for plaintiff.

Anne X. Alpern, City Solicitor, for City of Pittsburgh, and for Public Parking Authority of Pittsburgh, defendants.

Ralph B. Umsted, Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Commonwealth, intervenor.

Walter W. McVay, for Downtown Parking Assciation, Intervenor.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION

Page 143

[359 Pa. 265] MR. JUSTICE HORACE STERN

Plaintiff, a taxpayer of the City of Pittsburgh, files a bill in equity in which he challenges the constitutionality of the Parking Authority Law of June 5, 1947, P.L. 458, and prays that an injunction be issued restraining the Public Parking Authority of Pittsburgh, created under the authority of that Act, from exercising the powers therein granted, and restraining the City of Pittsburgh from appropriating to it any public funds or entering into any agreement with it for the waiver of taxes on its properties. This Court took original jurisdiction of the bill. The Commonwealth of Pennsylvania and the Downtown Parking Association, a voluntary association of owners and operators of parking lots and facilities in the downtown area of the city, were given leave to intervene.

[359 Pa. 266] The Parking Authority Law declares, as a matter of legislative finding, that there has been an ever-increasing trend in cities of the second class in the number of persons entering the business sections by private automobiles; that the free circulation of traffic of all kinds through the streets of such cities is necessary to the health, safety and general welfare of the public; that the greatly increased use of motor vehicles of all kinds has caused serious traffic congestion on the streets of such cities; that the parking of motor vehicles on the streets has contributed to this congestion to such an extent as to interfere seriously with the primary use of such streets for the movement of traffic; that such parking prevents the free circulation of traffic, impedes rapid and effective fighting of fires and the disposition of police forces in the district and endangers the health, safety and welfare of the general public; that such parking threatens irreparable loss in property valuations; that this parking crisis can be reduced by providing sufficient off-street parking facilities properly located; that the establishment of a parking authority will promote the public safety, convenience and welfare; that it is intended that the

Page 144

authority cooperate with all existing parking facilities so that private enterprise and government may mutually provide adequate parking services for the convenience of the public. Therefore it is declared to be the policy of the Commonwealth of Pennsylvania to promote the safety and welfare of the inhabitants thereof by the creation in second class cities of bodies corporate and politic to be known as "Parking Authorities" which shall exist and operate for the purposes contained in the Act. Such purposes are declared to be public uses for which public money may be spent and private property acquired by the exercise of the power of eminent domain.

The Act gives to the city council of second class cities the power to organize a Parking Authority by the adoption of a resolution or ordinance to that effect; upon [359 Pa. 267] approval of the articles of incorporation filed by the council it becomes the duty of the Secretary of the Commonwealth to...

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