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[J-93-2004] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT THE CITY OF PHILADELPHIA AND JOHN F. STREET, : : : Appellants : : : v. : : : MARK SCHWEIKER; THE : PHILADELPHIA PARKING AUTHORITY; : JOSEPH T. ASHDALE; MICHAEL A. : CIBIK; CATHERINE MARSHALL; : ALFRED W. TAUBENBERGER; : RUSSELL R. WAGNER; KAREN M. : WRIGLEY, : : Appellees : No. 12 EAP 2003

Appeal from the Order entered on 2/11/03 in Commonwealth Court dismissing the amended complaint at No. 343 MD 2001

ARGUED: May 12, 2004

OPINION

MR. JUSTICE SAYLOR

DECIDED: September 22, 2004

This is a direct appeal from an order of the Commonwealth Court sustaining the preliminary objections of the Governor of Pennsylvania and the Philadelphia Parking Authority to a complaint filed by the City of Philadelphia and its mayor, challenging the legality of certain amendments to Pennsylvania's Parking Authority Law. The principal question presented is whether the General Assembly had the authority to enact provisions which, among other things, transferred control of the parking authority from the Mayor of Philadelphia to the Commonwealth.

I. As early as 1947, the post-War pattern of suburban growth, combined with large numbers of individuals commuting via private automobile to workplaces inside cities, had generated the need for an increase in the availability of off-street parking in urban areas throughout the Commonwealth. The Legislature, aware of this problem,

considered it a matter of state-wide concern, finding that it impacted upon persons residing both inside and outside of the affected cities.1 Thus, the General Assembly enacted the Parking Authority Law,2 enabling cities, boroughs, and first class townships
1

The Legislature's declaration of policy reflects its findings, inter alia: (b) That the free circulation of traffic of all kinds through the streets of cities of the first, second, second A and third classes, boroughs, and townships of the first class is necessary to the health, safety and general welfare of the public whether residing in the [affected city or township], or traveling to, through or from [it]; (c) That the greatly increased use by the public of motor vehicles of all kinds has caused serious traffic congestion on the streets of [these municipalities]; (d) That the parking or standing of motor vehicles of all kinds 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; [and] (e) That such parking or standing prevents the free circulation of traffic in, through, and from [such municipalities], impedes rapid and effective fighting of fires and the disposition of police forces . . . and endangers the health, safety and welfare of the general public[.]

53 P.S.

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Pennsylvania Law