Opinion

Zontek v. Brown

  • 149 Pa. Commw. 628
  • 613 A.2d 683
  • 1992 Pa. Commw. LEXIS 538
Court
Commonwealth Court of Pennsylvania
Filed
Aug 10, 1992
Status
Published
Author
Pellegrini
On the bench
Craig, Doyle, Friedman, Kelley, McGinley, Palladino, Pellegrini
Cited by
1 cases
Authority
More cited than 9.2%

The opinion

PELLEGRINI, Judge,

concurring.

I concur with the majority but for a different reason.

The Pennsylvania Sunset Act of December 22, 1981, P.L. 508, as amended, 71 P.S. §§ 1795.1-1795.14, is unconstitutional for reasons I set forth in West Shore School District v. Pennsylvania Labor Relations Board, 131 Pa.Commonwealth Ct. 476, 570 A.2d 1354 (1990). Because the Sunset Act is unconstitutional and of no effect, its operation created no interregnum in the operation of the State Ethics Commission. Because the State Ethics Commission never went out of existence, its investigations and proceedings never lapsed.

Accordingly, I would also grant the respondents’ Motion for Summary Judgment but for a different reason.

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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