Kremer v. Grant

606 A.2d 433, 529 Pa. 602, 1992 Pa. LEXIS 236
CourtSupreme Court of Pennsylvania
DecidedMarch 12, 1992
Docket21, 27, 22, 29, 23 and 28 M.D. Appeal Dkt. 1991
StatusPublished
Cited by20 cases

This text of 606 A.2d 433 (Kremer v. Grant) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kremer v. Grant, 606 A.2d 433, 529 Pa. 602, 1992 Pa. LEXIS 236 (Pa. 1992).

Opinions

OPINION OF THE COURT

PAPADAKOS, Justice.

Before us are three appeals and cross-appeals from the unpublished opinion and order entered by the Honorable David W. Craig, President Judge of the Commonwealth Court, sitting as a single judge in that court’s original jurisdiction. This order preliminarily enjoins the Secretary of the Commonwealth of Pennsylvania from:

1) Publishing in any newspapers of the Commonwealth proposed amendments to the Pennsylvania Constitution contained in Joint Resolution 1990-1 (J.R. 1990-1) and Joint Resolution 1991-1 (J.R. 1991-1) of the Pennsylvania General Assembly;
2) Certifying to the various county boards of election the form and wording of any proposed amendments to the Pennsylvania Constitution contained in J.R. 1990-1 and J.R. 1991-1; and
3) Taking any further actions to place the proposed constitutional amendments contained in J.R. 1990-1 and J.R. 1991-1 on the ballot until a final decision on all the issues raised by the parties is entered.

[605]*605The various parties instituting this litigation against the Secretary of the Commonwealth and the Attorney General did so by filing petitions for review in the Commonwealth Court seeking a declaratory judgment, applying for injunctive relief in equity and included:

JUDGE I. RAYMOND KREMER and ATTORNEY SANDRA M. LIBERATORI, (21 and 27 M.D. Appeal Docket 1991);
PRESIDENT JUDGE JOHN W. KELLER, elector and taxpayer, JOHN MORRIS and ATTORNEYS JAMES F. MUNDY, ROBERT W. MUNLEY and PHILIP BASKIN (23 and 28 M.D. Appeal Docket 1991); and ATTORNEY HENRY T. REATH (22 and 29 M.D. Appeal Docket 1991).

These parties all sought preliminary injunctive relief in the form of an order barring the May, 1991 primary referendum vote on the constitutional amendments and President Judge Craig consolidated the actions and held hearings on the preliminary injunction requests.

During the five days of hearings and arguments (March 25, 26, 27, 28 and 29, 1991) the proceedings focused on whether there were violations of the lawful procedures and modes for presenting constitutional amendments to the electorate, with any results or effects which would warrant preliminary injunctive relief.

Specifically, those advocating that the May 1991 primary referendum vote be enjoined argued that such action was proper because:

1) Constitutional amendments can only be voted on at general elections and not at primaries;
2) The General Assembly improperly delegated to the Secretary of the Commonwealth the right to select when the referendum would be submitted to the people;
3) The proposed amendment is a multiple ballot question which is improper under the amendment procedure;
4) The advertisement provisions of the Constitution have not been satisfied;
[606]*6065) The absence of a Plain English Statement in the 1990 advertisements rendered the attempt at compliance with the statutory provisions on advertising impossible;
6) The content of the Plain English Statement in the 1991 advertisement is statutorily inadequate; and
7) The text of the proposed amendments concerning funding of the judiciary is ambiguous.

President Judge Craig agreed that an improper delegation of power was given to the Secretary of the Commonwealth (issue 2); that the advertising attempts were inadequate (issue 4); and that the Plain English Statement was ambiguous (issue 6). President Judge Craig rejected the proposition that a referendum could only be submitted to the people at a general election (issue 1); ruled that the amendments could be read as embracing one question, thus not violating the two ballot question rule (issue 3); rejected the argument that a Plain English Statement was required with the 1990 advertising attempt (issue 5); and similarly rejected the attempt to argue that ambiguity of a proposed amendment is grounds for enjoining a popular vote (issue 7>-

Given President Judge Craig’s conclusion that an improper delegation of authority was present and that the advertising attempts were inadequate, he concluded that the petitioners before him had satisfied their burden for obtaining injunctive relief and, therefore, issued an order on April 1,1991, preliminarily enjoining the amendment process until a final decision could be reached on the merits of all the issues raised.

Immediate appeals were taken by the Secretary of the Commonwealth, the Attorney General, and cross-appeals were taken by the petitioners (on those issues which Judge Craig ruled were meritless) to this Court.

In order to protect the status quo, the Commonwealth Court entered its order vacating the automatic supersedeas (which attached to the April 1, 1991 injunction upon the filing of an appeal with this Court) and the Attorney Gener[607]*607al and Secretary of the Commonwealth petitioned us to stay the effect of the injunction order. We denied this request by per curiam order on April 10, 1991, and the matter proceeded to argument. In the interim, the General Assembly petitioned to intervene, which petition was granted.

When all of the procedure and confusion generated by the parties is brushed aside, it is clear that the only matter before this Court is an appeal from the grant of a preliminary injunction. What we have said many times before merits repeating at this point, namely:

As a preliminary consideration, we recognize that on an appeal from the grant or denial of a preliminary injunction, we do not inquire into the merits of the controversy, but only examine the record to determine if there were any apparently reasonable grounds for the action of the court below. Only if it is plain that no grounds exist to support the decree or that the rule of law relied upon was palpably erroneous or misapplied will we interfere with the decision of the Chancellor. Intraworld Inc. v. Girard Trust Bank, 461 Pa. 343, 336 A.2d 316 (1975); Credit Alliance Corp. v. Philadelphia Minit-Man Car Wash Corp., 450 Pa. 367, 301 A.2d 816 (1973); Zebra v. Pittsburgh School District, 449 Pa. 432, 296 A.2d 748 (1972). “In order to sustain a preliminary injunction, the plaintiffs right to relief must be clear, the need for relief must be immediate, and the injury must be irreparable if the injunction is not granted. ” Zebra v. Pittsburgh School District, 449 Pa. at 437, 296 A.2d at 750. (Emphasis added). Roberts v. School District of Scranton, 462 Pa. 464, 469, 341 A.2d 475, 478 (1975). Willman v. Children’s Hospital of Pittsburgh, 505 Pa. 263, 269, 479 A.2d 452, 454-55 (1984).

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Kremer v. Grant
606 A.2d 433 (Supreme Court of Pennsylvania, 1992)

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Bluebook (online)
606 A.2d 433, 529 Pa. 602, 1992 Pa. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kremer-v-grant-pa-1992.