Richter v. Library Tax Elimination Referendum

47 Pa. D. & C.3d 628, 1987 Pa. Dist. & Cnty. Dec. LEXIS 157
CourtPennsylvania Court of Common Pleas, Cumberland County
DecidedSeptember 18, 1987
Docketno 2660 Civil 1987
StatusPublished

This text of 47 Pa. D. & C.3d 628 (Richter v. Library Tax Elimination Referendum) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richter v. Library Tax Elimination Referendum, 47 Pa. D. & C.3d 628, 1987 Pa. Dist. & Cnty. Dec. LEXIS 157 (Pa. Super. Ct. 1987).

Opinion

HESS, J.,

The factual posture of this case is not in dispute. A county library tax was voted into existence in the primary election of May 1986 and was first collected during the 1987 tax year. On September 3, 1987, a petition for referendum was filed with the office of the Cumberland County Commissioners. Filed by Mary K. Barrick, a resident of North Middleton Township, Cumberland County, Pa., and containing the signatures of numerous purported registered voters of the county, the petition requests a referendum on the question of eliminating the county library tax, asking that the question be submitted to the voters at the next general election, to be held on November 3, 1987.

This action has been brought by Patricia R. Richter, a resident of Mechanicsburg, Cumberland County, Pa., and the Mechanicsburg Area Public Library, seeking to have the referendum petition set aside. More specifically, the petition suggests that placing the proposed question on ballots iii Cumberland County for the November 3, 1987, general election will violate principles of law which are both statutory and constitutional.

The request to set aside the referendum petition proposes to do so for two basic reasons. First, petitioners assert that the Library Code does not provide for discontinuance of the tax on a county wide basis. They allege that the exclusive method of discon[630]*630tinuance is set forth in section 405 of the Library Code, 24 P.S. §4405, and is limited to a referendum for the withdrawal from the county library, and concomitant elimination of the tax, only by borough, town, township or school district. The second prong of attack assails the constitutionality of the Library Code and specifically that provision which permits withdrawal from a county library (albeit by municipality) upon petition of three percent of the previous gubernatorial electorate to place the matter on the ballot “at the next general or municipal election occurring at least 60 days after the filing of the petition.” The assertion is that these provisions conflict with the definition of “initiative” in section 14 of Article IX of the Pennsylvania State Constitution. That definition provides that such election documents be filed with election officials at least 90 days prior to the next primary or general election and contain a proposal by five percent of the number of electors voting for the office of governor in the last gubernatorial election.

Mary Barrick, while not the named respondent, has filed preliminary objections to the petition to set aside the referendum petition. As we do not believe the preliminary objections have merit, we will not address the further question of whether the county election board, as opposed to Mrs. Barrick, is the proper respondent in this case.

STANDING

In any event, the question has been raised as to whether Ms. Richter or the Mechanicsburg Area Public Library has standing to question the proposed referendum. At the outset, we are reminded that “the purpose of the requirement of standing is to protect against improper plaintiffs.” Application of Biester, 487 Pa. 438, 442, 409 A.2d 848, 851 [631]*631(1979). The leading case in Pennsylvania on the issue of standing is William Penn Parking Garage Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975). As gleaned from William Penn and as summarized in many Pennsylvania appellate decisions, the catch phrase with respect to standing is whether a party has a “substantial, direct and immediate” interest in the subject matter of the litigation. One requirement of consequences which are “immediate” is that they not be remote and that there be a direct causal connection between the action complained of and the injury to the person challenging.

Applying this principle to the instant case, a curious aspect of the factual circumstances becomes readily apparent. Ultimately, the petitioners seek to set aside the referendum petition so that it will not be on the election ballot in November of 1987. Therefore, the “asserted injury” to the petitioners is the presence of said referendum on the ballot. The underpinnings of the petitioners’ argument, however, are that if the referendum petition appears on the ballot and the voters of Cumberland County decide to eliminate the special library tax, then petitioners will suffer damage due to the loss of tax revenues. Implicit in the ballot question itself, however, is the fact that the voters of Cumberland County could decide to continue the special library tax so that the petitioners would not suffer the damages claimed. It is arguable, also, that the County Commissioners could impose the tax in spite of the outcome of the referendum.. See 24 P.S. §4401. Engrafting these facts over the standing requirements of William Penn, we observe that there is a question with respect to the “immediate” requirement.

In spite of this question, developments in the ap[632]*632pellate courts since William Penn disclose a somewhat different approach to standing in certain “taxpayer” suits.1 In Consumer Party of Pennsylvania v. Commonwealth of Pennsylvania, 510 Pa. 158, 507 A.2d 323 (1986), appellants were taxpayers who sought to challenge the constitutionality of a compensation law which increased legislators’ salaries and expense allowances. Relying on Application of Biester, supra, the court, in Consumer Party, continued to carve out a narrow exception to the general rule of standing emphasizing that certain cases exist in which the facts warrant the grant of standing to taxpayers where their interest arguably is not substantial, direct and immediate.

“The relaxing of those interest requirements in certain cases where there is little causal connection between the action complained of and the injury alleged is best explained by the basic policy considerations underlying taxpayer standing. . . . Taxpayers’ litigation seems designed to enable a large body of thé citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirements. Such litigation allows the courts, within the framework of traditional notions of “standing,” to add to the controls over public officials inherent in the elective process the judicial scrutiny of the statutory and constitutional validity of their acts. . . . The fundamental reason for granting taxpayer standing is simply that otherwise a large body of governmental activity would be unchallenged in the courts. . . .

“To summarize . . . we held that a taxpayer seeking standing to sue must allege a substantial, direct, [633]*633and immediate interest in the outcome of the suit unless the taxpayer can show:

“(1) the governmental action would otherwise go unchallenged;

“(2) those directly and immediately affected by the complained of expenditures are beneficially affected and not inclined to challenge, the action;

“(3) judicial relief is appropriate;

“(4) redress through other channels is unavailable; and

“(5) no other persons are better situated to assert the claim.” Id., at 167-70, 507 A.2d at 328-29.

While the facts of the instant case are clearly distinguishable from those in

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Related

Costopoulos v. Thornburgh
409 A.2d 848 (Supreme Court of Pennsylvania, 1979)
Hempfield Township v. Greensburg
280 A.2d 127 (Commonwealth Court of Pennsylvania, 1971)
Wm. Penn Parking Garage, Inc. v. City of Pittsburgh
346 A.2d 269 (Supreme Court of Pennsylvania, 1975)
Consumer Party of Pennsylvania v. Com.
507 A.2d 323 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Commonwealth
353 A.2d 887 (Commonwealth Court of Pennsylvania, 1976)

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Bluebook (online)
47 Pa. D. & C.3d 628, 1987 Pa. Dist. & Cnty. Dec. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richter-v-library-tax-elimination-referendum-pactcomplcumber-1987.