Opinion

Ford Motor Co. v. Commonwealth

  • 510 Pa. 91
  • 507 A.2d 49
  • 1986 Pa. LEXIS 731
Court
Supreme Court of Pennsylvania
Filed
Mar 25, 1986
Status
Published
Author
Hutchinson
On the bench
Consideration, Flaherty, Hutchinson, Larsen, McDermott, Nix, Papadakos, Zappala
Cited by
4 cases
Authority
More cited than 7.2%

The opinion

HUTCHINSON, Justice,

concurring.

I concur in the result. Based on the facts and the peculiar nature of this statute, analogous to those zoning statutes which set time limits within which the administrative agencies must act, I agree that the August 31, 1984, oral vote of the Board is not a final order. However, I do *102 not believe that failure to fully comply with all the requirements of Section 507 of the Administrative Agency Law, 2 Pa.C.S. § 507, will, in every conceivable case, deprive agency action of finality. To hold so broadly would, in my view, leave the administrative process open to unreviewable delays, intentional or otherwise, which could effectively deprive persons seriously and adversely affected by agency action or inaction, of their right to effective review. See Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949).

Otherwise, I am in agreement with the opinion announcing the judgment of the Court.

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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