Pleasant Hills Construction Co. v. Public Auditorium Authority

45 Pa. D. & C.4th 449
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJanuary 27, 2000
Docketno. GD 99-15038
StatusPublished

This text of 45 Pa. D. & C.4th 449 (Pleasant Hills Construction Co. v. Public Auditorium Authority) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pleasant Hills Construction Co. v. Public Auditorium Authority, 45 Pa. D. & C.4th 449 (Pa. Super. Ct. 2000).

Opinion

FRIEDMAN, J.,

INTRODUCTION

The defendant Public Auditorium Authority of Pittsburgh and Allegheny County has appealed an order of the undersigned entered in favor of the individual plaintiff, Gary C. Hartman, hereinafter the taxpayer, preliminarily enjoining the PAA and its successors from future noncompliance with certain legislation regarding public construction projects, pending entry of a final adjudication. The court declined to grant any of the relief sought by the corporate plaintiff. The court also denied the taxpayer’s request to annul the contract with defendant Limbach Company and denied the taxpayer’s request to order the PAA to enter into a contract with the corporate plaintiff.1 Neither plaintiff has appealed these rulings.

[451]*451The order at issue is based on the interpretation of two recent pieces of legislation, Senate Bill 572 of 1999 (S.B. 572, section 22) and 72 P.S. §3919.318 (section 318), hereinafter collectively referred to as the special legislation, and their impact on earlier legislation which is still in effect, hereinafter collectively referred to as the preexisting legislation and more commonly referred to as the Separations Act and the lowest responsible bidder requirement.

There is one main issue but many sub-issues, hence the length of this opinion. In the final analysis, the question is whether the legislature, when voting on S.B. 572 of 1999, understood and intended the word “bidding” to mean the entire bidding process, as the PAA contends, or whether they understood arid intended it to mean only the solicitation of bids, as the court concluded. The PAA also contends that the language in question are words of repealer. (Transcript of hearing, p. 105,11. 11-12.) The key legal principle about which there is no dispute is that words of repealer must be express.

The court concluded, based on the scant legislative history available, that the legislature deleted express words of repealer before they passed S.B. 572, thereby expressing an intention incompatible with the PAA’s position. Lastly, the court concluded that, whoever else may have intended the PAA’s interpretation, it was not the legislature when it voted on this bill.

[452]*452ISSUES

The PAA, the only appellant, has filed a “concise statement of matters complained of on appeal” and a “supplemental concise statement of matters complained of on appeal,” hereinafter referred to collectively as statements.2

In its statements, the PAA raises, in somewhat different language, the following eight issues, in the following order;

(1) That the court should have deferred to a ruling in a similar case by another judge of this court.

(2) That the court should not have granted preliminary injunctive relief in favor of the taxpayer, who the PAA states is “estopped from asserting his present claims.”

(3) That the taxpayer “lacks standing to bring this suit.”

(4) That the court should not have “award[ed] preliminary injunctive relief in a manner never requested by plaintiffs.”

(5) That the court should have afforded two other defendants, who have not appealed, an opportunity to be heard.

(6) That the court erroneously interpreted the special legislation.

[453]*453(7) That the “plaintiffs [sic] fail[ed] to establish all the elements necessary for an award of injunctive relief.”

(8) That nominal bond of $1, ordered to be filed by the taxpayer, is insufficient.

DISCUSSION

Although the court had written an extensive memorandum in support of the order now appealed from, the PAA has limited its appeal to the eight alleged errors described above. Except for item no. 6, which the court believes is dispositive and therefore addresses first, the alleged errors will be discussed in the order listed by the PAA.

1. The Court Correctly Interpreted the Special Legislation

This issue was the main focus of the memorandum and should be the main focus on appeal despite its obscure position on the PAA’s list. The following discussion is substantially the same as set forth in the memorandum when the order in question was entered, but it is included herein for the convenience of the appellate courts and is somewhat rephrased and expanded.

This case is different from most cases brought by a disappointed low bidder because here the PAA admits that the corporate plaintiff was not only the lowest bidder for the plumbing contract for PNC Park, the new ballpark for the Pittsburgh Pirates Baseball Club, but also that it had been “pre-qualified,” which the court ruled was the same as a “responsible” bidder.3 For purposes of [454]*454argument on the instant petition, the PAA also admitted that, were it not for the special legislation, it would have been required, under the pre-existing legislation, to enter into the plumbing contract for the ballpark with the corporate plaintiff.4

The case law is replete with discussions of the validity and effect of the pre-existing legislation. There are years of discussions by the appellate courts as to the impact of the pre-existing legislation on entities such as the PAA. The net effect of the appellate decisions on the pre-existing legislation is undisputed by the parties herein: entities such as the PAA are required to solicit separate bids for each major branch of a construction project, i.e., for the plumbing work, the electrical work, the heating work and the ventilation work, and to award the contracts for such work to the lowest responsible bidder. The pre-existing legislation is well-known and well-settled. The court could not, therefore, assume that it would be nullified by vague or ambiguous language.

The pertinent portions of both pieces of the special legislation5 are as follows: “Notwithstanding any other law to the contrary, the requirements of section 318 of the Act of February 9,1999 (P.L. 1, no.l), known as the Capital Facilities Debt Enabling Act, [and found at 72 P.S. §3919.318], shall provide the sole and exclusive requirements for bidding for the construction or renova[455]*455tion of a redevelopment assistance capital project authorized in a capital budget itemization act on or before [sic] the effective date of this Act. [Section 318 provides] the solicitation of a minimum of three written bids is required for all general contracted work in [such] projects.”

We interpreted the special legislation according to the usual rules of statutory construction, first reading the express language of the statute, and ascertaining its ordinary meaning given the ordinary definitions of words and phrases and the ordinary grammatical implications of the sentence structure used. We concluded that ordinary usage results in there being another, more reasonable interpretation of the special legislation than that espoused by the PAA. In addition, an examination of language that was deleted from the special legislation revealed that the legislature had deleted words that expressly created an exemption. The court concluded that the words that remain in the Act as passed were not intended to create an exemption.

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45 Pa. D. & C.4th 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pleasant-hills-construction-co-v-public-auditorium-authority-pactcomplallegh-2000.