# City of Philadelphia v. Shapp

> Commonwealth Court of Pennsylvania · July 17, 1979 · 44 Pa. Commw. 303

URL: https://www.frixlaw.com/law-library/cases/6365483

## Case

- **Full name:** City of Philadelphia v. Honorable Milton J. Shapp
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** July 17, 1979
- **Citations:** 44 Pa. Commw. 303; 403 A.2d 1043; 1979 Pa. Commw. LEXIS 1800
- **Precedential status:** Published
- **Opinion:** Dissent by Bowman
- **Judges:** Blatt, Bowman, Craig, Crumlish, Disalle, MacPhail, Mencer, Rogers, Wilkinson
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6365483

## How later opinions describe it (automated extraction)

- finding the Commonwealth Court lacked jurisdiction to determine contractual claims brought against the Commonwealth by the City of Philadelphia and certain city officials, even though plaintiffs sought equitable relief, as Board of Claims had exclusive jurisdiction
- holding that sovereign immunity does not bar a mandamus action against the Governor and the Department of Transportation to compel their perform-anee in accordance with constitutional and legislative mandates

## Opinion text

Dissenting Opinion by
President Judge Bowman :
I dissent and would sustain respondents’ preliminary objections in the nature of a demurrer. I can *311 find no valid basis for distinguishing between the duties imposed upon the Department of Transportation with respect to the maintenance and repair of highways by Section 2002 of The Administrative Code of 1929 which the majority characterizes as permissive, and Section 407 of the State Highway Law which the majority characterizes as mandatory. Both statutes provide that the Department “shall” maintain and repair State highways. Thus, I would apply the rationale of our decisions in Borough of White Oak v. Department of Transportation, 25 Pa. Commonwealth Ct. 432 , 360 A.2d 825 (1976) and South Whitehall Township v. Department of Transportation, 11 Pa. Commonwealth Ct. 558 , 316 A.2d 104 (1974), and dismiss the complaint for want of factual allegations that the Department in performing its duties within its budgetary confines discriminated against the City of Philadelphia or which otherwise would afford a factual basis for a conclusion of a manifest abuse of discretion in the exercise of this duty.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6365483. Public record. Not legal advice.