McIlvaine v. Pennsylvania State Police

Opinion by

President Judge Bowman,

In this mandamus action we had heretofore dismissed the Commonwealth’s preliminary objections in the nature of a demurrer because it was not entirely clear and free from doubt that plaintiff had failed to state a cause of action. McIlvaine v. State Police, 3 Pa. Commonwealth Ct. 478 (1971). In doing so, we observed that plaintiff was faced with the formidable task of proving the statute in question to be arbitrary or discriminatory. It is now before us on the merits after defendant’s answer to the complaint and the filing of a stipulation of facts entered into…