Opinion

Flaherty v. Allegheny Port Authority

  • 450 Pa. 509
  • 299 A.2d 613
  • 1973 Pa. LEXIS 638
Court
Supreme Court of Pennsylvania
Filed
Jan 19, 1973
Status
Published
Author
Eagen
On the bench
Brien, Eagen, Ino, Jones, Mander, Nix, Pomeroy, Roberts
Cited by
27 cases

"[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.

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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