Ryan v. City of Philadelphia

Opinion by

President Judge Crumlish, Jr.,

Daniel L. Ryan and Francis J. Mulhern appeal a Philadelphia County Common Pleas Court order sustaining the City’s demurrer. We affirm.

Ryan and Mulhern filed a class action suit1 in equity and for a declaratory judgment to enjoin and invalidate a transfer of $3,000,000 in City general *285revenue funds to the Managing Director’s “purchase of services” allocation.2 The transfer was to cover the costs of busing school children. The City demurred, and the Common Pleas Court sustained the demurrer, dismissing the complaint with prejudice.

Our scope of review is…