Opinion

Southeastern Pennsylvania Transportation Authority v. City of Philadelphia

  • 627 Pa. 470
  • 101 A.3d 79
  • 124 Fair Empl. Prac. Cas. (BNA) 920
  • 2014 Pa. LEXIS 2510
Court
Supreme Court of Pennsylvania
Filed
Sep 24, 2014
Status
Published
Author
Saylor
On the bench
Baer, Castille, Eakin, McCaffery, Saylor, Stevens, Todd
Cited by
34 cases
Authority
More cited than 19.7%

finding exhaustion doctrine inapplicable where party presented “purely legal challenge to an agency’s jurisdiction, not a factual one” as was case in Mercy Hospital of Pittsburgh

How later courts described this case

  • finding exhaustion doctrine inapplicable where party presented “purely legal challenge to an agency’s jurisdiction, not a factual one” as was case in Mercy Hospital of Pittsburgh
  • explaining that SEPTA operates "in over 100 municipalities across southeastern Pennsylvania.”
  • noting that the court is not aware of “any statute remotely suggesting the [PFPO] is viable outside of Philadelphia”
  • exhaustion of remedies before agency was not required for challenge to agency's jurisdiction in seven administrative proceedings against plaintiff that were pending before the agency at the time action was filed

Written by the judges who cited it.

The opinion

Justice SAYLOR,

dissenting.

I differ with the majority’s approach of remanding to the Commonwealth Court to ascertain legislative intent because, as I read the intermediate court’s decision, it already undertook that task. Accord Concurring and Dissenting Opinion at 95 (Castille, C.J.); see, e.g., SEPTA v. City of Phila., 20 A.3d 558, 561-62 (Pa.Cmwlth. 2011) (concluding that, under SEPTA’s enabling legislation, SEPTA is a state agency and that, pursuant to the Pennsylvania Human Relations Act, the Pennsylvania Human Relations Commission was intended to have exclusive jurisdiction over state agencies like SEPTA). As to substance, I am aligned with Mr. Chief Justice Cas-tille’s position — and that of the Commonwealth Court majority — that the General Assembly did not intend for SEPTA to be subject to suit by the local human relations commissions of the municipalities in which it conducts operations. Accordingly, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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