"[J]udicial interference with the actions of municipal authorities should not be undertaken in the absence of proof of an abuse of power, bad faith, fraud or arbitrary and capricious action; the courts should be loath to review the details of the effectuation of actions of municipal authorities."
How later courts described this case
- "[J]udicial interference with the actions of municipal authorities should not be undertaken in the absence of proof of an abuse of power, bad faith, fraud or arbitrary and capricious action; the courts should be loath to review the details of the effectuation of actions of municipal authorities."
- decree nisi granting preliminary injunction entered by court of common pleas
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mr. Justice Eagen:
I dissent. There is no question in my mind that the Port Authority of Allegheny County has substantially revised and altered its original plan to achieve an integrated transit system and hence, is proceeding illegally absent compliance with the mandates of the Act of April 6, 1956 P. L. (1955) 1414, as amended, 55 P.S. 551 et seq.