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[J-50-2007] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

GENE STILP,

: : Appellant : : : v. : : : COMMONWEALTH OF PENNSYLVANIA, : GENERAL ASSEMBLY, JACK WAGNER, : AUDITOR GENERAL OF THE : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF AUDITOR GENERAL, : ROBERT C. JUBELIRER, DAVID : BRIGHTBILL, ROBERT MELLOW, JOHN : M. PERZEL, SAM SMITH, H.W. : DEWEESE, LEADERSHIP OF THE : GENERAL ASSEMBLY, NOAH : WENGER, LEGISLATIVE AUDIT : ADVISORY COMMISSION, AND : ROBERT P. CASEY, JR., TREASURER : OF THE COMMONWEALTH OF : PENNSYLVANIA, : : Appellees :

No. 76 MAP 2006

Appeal from the Order of the Commonwealth Court, entered on April 24, 2006, at No. 513 MD 2005.

898 A.2d 36 (Pa. Cmwlth. 2006)

SUBMITTED: March 26, 2007

GENE STILP

: : v. : : COMMONWEALTH OF PENNSYLVANIA, : GENERAL ASSEMBLY, JACK WAGNER, : AUDITOR GENERAL OF THE : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF AUDITOR GENERAL, :

No. 80 MAP 2006

Appeal from the Order of the Commonwealth Court, entered on April 24, 2006, at No. 513 MD 2005.

898 A.2d 36 (Pa. Cmwlth. 2006)

ROBERT C. JUBELIRER, DAVID BRIGHTBILL, ROBERT MELLOW, JOHN M. PERZEL, SAM SMITH, H.W. DEWEESE, LEADERSHIP OF THE GENERAL ASSEMBLY, NOAH WENGER, LEGISLATIVE AUDIT ADVISORY COMMISSION, AND ROBERT P. CASEY, JR., TREASURER OF THE COMMONWEALTH OF PENNSYLVANIA APPEAL OF: SENATORS JUBELIRER, BRIGHTBILL, AND WENGER

: : : SUBMITTED: March 26, 2007 : : : : : : : : : : : :

OPINION

MR. JUSTICE CASTILLE The two issues presented in these cross-appeals are: (1) whether a taxpayer, Gene Stilp, has standing to seek, inter alia, a declaratory judgment that the Commonwealth's Auditor General has the authority and duty to audit the financial accounts of the General Assembly (the legislators' appeal); and (2) if the taxpayer does have standing to seek such relief, whether the Auditor General has the authority to audit the General Assembly's financial accounts (Stilp's appeal). The Commonwealth Court, sitting en banc, determined that Stilp had taxpayer standing to bring this action, but ultimately concluded that no constitutional or statutory authority existed to support a declaration that the Auditor General possesses the authority to audit the financial accounts of the General Assembly. For the following reasons, we find that the Commonwealth Court erred regarding the question of standing. This finding, in turn, makes it unnecessary to pass upon Stilp's merits claim. Accordingly, we affirm the order below, but on standing grounds.

[J-50-2007] - 2

On October 11, 2005, Stilp, acting pro se, filed a petition for review in the Commonwealth Court seeking a declaratory judgment that the Auditor General has the authority to audit the General Assembly, and that the Legislative Audit Advisory Commission ("Commission")1 was unconstitutionally created. Moreover, Stilp requested that the Court: (1) compel the Auditor General to audit the General Assembly; (2) compel the General Assembly's leadership and members of the Commission to cooperate with such an audit; (3) award him the costs of the lawsuit; and (4) grant him further equitable or declaratory relief as deemed necessary by the Court. Following the filing of preliminary objections by the governmental parties,2 Stilp filed an amended petition for review on November 29, 2005.3 The governmental parties responded by filing amended preliminary objections arguing, inter alia, that: Stilp lacks standing to bring this action; an attempt by the Auditor General to audit the General Assembly would violate the doctrine of separation of powers; and the yearly audit conducted by the auditing firm retained by the Commission satisfies the constitutional auditing requirement set forth in Article VIII, Section 10 of the

1

The Commission is the body of the General Assembly created in 1970 to audit its financial accounts. 71 P.S.

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