GREEN T. BORO. ET AL. v. ALLEG. CO. BD. OF P. A

Appeals — Jurisdiction — Commonwealth Court — Equity actions against governmental units — Merits of appellants' contention — Appellate court jurisdiction — Act of July 31, 1970, P. L. 673 — Act of June 21, 1939, P. L. 626.

In this case, in which it appeared that the overall issue presented was whether a court of equity has jurisdiction and competency to act upon a complaint questioning the validity of the Act of June 21, 1939, P. L. 626, § 7, as amended, it was Held, without considering the merits of appellants' contention, that the appellate court having jurisdiction over equity actions against governmental units, i.e., the Commonwealth Court, should decide that question.

OPINION PER CURIAM, December 20, 1971:

The overall issue presented by these appeals is whether a court of equity has jurisdiction and competency to act upon a complaint questioning the validity of the Act of June 21, 1939, P. L. 626, § 7, as amended, 72 P. S. § 5452.7. If equity has jurisdiction, as appellants contend, the Commonwealth Court would have appellate jurisdiction under Section 402(4) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, § 402(4), 17 Pa.C.S.A. § 211.402(4) (Supp. 1971). Without considering the merits of appellants' contention, we believe that the appellate court having jurisdiction over equity actions against governmental units, i.e., the Commonwealth Court, should decide that question.

The appeals are transferred to the Commonwealth Court.