Stilp v. Commonwealth

927 A.2d 707, 2007 Pa. Commw. LEXIS 338
CourtCommonwealth Court of Pennsylvania
DecidedJuly 3, 2007
StatusPublished
Cited by16 cases

This text of 927 A.2d 707 (Stilp v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stilp v. Commonwealth, 927 A.2d 707, 2007 Pa. Commw. LEXIS 338 (Pa. Ct. App. 2007).

Opinions

OPINION BY

Judge SIMPSON.

In this original jurisdiction matter, a resident taxpayer challenges on constitutional grounds an amendment to Article XIV of The County Code,1 known as Act 57 of 2005,2 which in part allowed sitting district attorneys to convert from part-time to full-time status, with an accompanying increase in compensation. The General Assembly and the presiding officer of each house are named as Respondents.

Currently before the Court are Respondents’ preliminary objections to the Petition for Review filed by Gene Stilp, who is representing himself. For reasons more fully discussed below, we sustain the preliminary objection to standing and dismiss the suit.

I. Petition for Review

The Petition for Review was filed November 1, 2006, just before the legislative elections. The basic premise of this suit is that Act 57 allows district attorneys to convert from part-time to full-time status and receive an increase in compensation after election. Stilp avers that since Act 57 became effective, 31 district attorneys converted to full-time status and received an increase in compensation during then-term in office.

Stilp quotes Article III, Section 27 of the Pennsylvania Constitution, entitled [709]*709“Changes in term of office or salary prohibited,” which provides: “No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment.” Pa. Const, art. Ill, § 27. He avers that by enabling a mid-term increase in district attorney compensation, Act 57 violates this constitutional provision. He asks for declarations that mid-term compensation increases pursuant to Act 57 are illegal and that repayment of any illegal compensation from affected district attorneys is required.

II. Preliminary Objections

Respondents seek dismissal of the suit on either of two bases: the General Assembly and its members are protected by legislative immunity pursuant to Article II, Section 15 of the Pennsylvania Constitution; 3 or Stilp lacks standing to challenge Act 57 because the amendment did not impact the district attorney in Dauphin County, where Stilp lives.

The rule is well settled that in ruling upon preliminary objections, the courts must accept as true all well-pleaded allegations of material facts as well as all of the inferences reasonably deducible from the facts. Stilp v. Com., 910 A.2d 775 (Pa.Cmwlth.2006) (Stilp 2006 (legislative benefits) ). For preliminary objections to be sustained, it must appear with certainty that the law will permit no recovery, and any doubt must be resolved in favor of the non-moving party. Id.

During our review of the Petition we must be mindful of the presumption that the legislature does not intend to violate the Constitution, and the corollary that a party asserting the unconstitutionality of a legislative act bears a heavy burden of proof. Bible v. Dep’t of Labor & Indus., 548 Pa. 247, 696 A.2d 1149 (1997). A statute will only be declared unconstitutional if it clearly, palpably and plainly violates the Constitution. Ieropoli v. AC & S Corp., 577 Pa. 138, 842 A.2d 919 (2004).

III. Standing

A.

Respondents argue that Stilp is not particularly affected by Act 57 and must therefore rely on the doctrine of taxpayer standing. He fails to qualify under that doctrine, however, because he lives in a county with a full-time district attorney, and not in one of the 31 counties where a part-time district attorney chose to convert to full-time status as allowed by Act 57. Thus, Respondents argue, Stilp is not better suited than others to assert a challenge. Respondents go further and contend that granting taxpayer standing in this case would relax the standards to the point of being meaningless and would invite a virtual flood of future litigation.

In response, Stilp asserts that absent this lawsuit, Act 57 will go unchallenged. He contends that he waited for over a year, but no one in government or the private sector noticed or questioned the illegal mid-term pay raise. Further, he declares that his residency in a county with a full-time district attorney is irrelevant because state taxpayer monies are at [710]*710issue: the state must reimburse the counties for a portion of district attorney salaries.

As to the argument that others are better suited to bring the challenge, Stilp reminds us that he challenged the General Assembly before and that he has been granted standing in similar actions. He submits that due to his ideals, his experience and his strong belief in the plain language of the Constitution, he is qualified to represent the common interests of like-minded citizens.

B.

Prior to judicial resolution of a dispute, an individual must as a threshold show that he has standing to bring the action. Pittsburgh Palisades Park, LLC v. Commonwealth, 585 Pa. 196, 888 A.2d 655 (2005). The traditional concept of standing focuses on the idea that a person who is not adversely impacted by the matter he seeks to challenge does not have standing to proceed with the court system’s dispute resolution process. Id. Pennsylvania courts do not render decisions in the abstract or offer purely advisory opinions; consistent therewith, the requirement of standing arises from the principle that judicial intervention is appropriate only when the underlying controversy is real and concrete. Id.

The leading Pennsylvania case on standing is Wm. Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975). Our Supreme Court discussed the core concept, which is that a person who is not adversely affected in any way by the matter he seeks to challenge is not “aggrieved” thereby and has no standing to obtain a judicial resolution of his challenge. To establish an “aggrieved” status, a party must have a substantial interest, that is, there must be some discernible adverse effect to some interest other than the abstract interest of all citizens in having others comply with the law. Also, an interest must be direct, which means that the person claiming to be aggrieved must show causation of the harm to his interest by the matter of which he complains. Further, the interest must be immediate and not a remote consequence of the judgment, a requirement addressing the nature of the causal connection.

Here, Stilp does not contend that Act 57 causes any discernible adverse effect to any of his interests other than the abstract interest of all citizens in having others comply with the law. Thus, it is clear Stilp does not enjoy standing under the traditional test.

C.

In Stilp v. Commonwealth, 588 Pa. 539, 905 A.2d 918 (2006) (Stilp 2006 (pay

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Stilp v. Commonwealth
927 A.2d 707 (Commonwealth Court of Pennsylvania, 2007)

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Bluebook (online)
927 A.2d 707, 2007 Pa. Commw. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stilp-v-commonwealth-pacommwct-2007.