in a per curiam order, this Court remanded matter relating to the constitutionality of the 2001 Parking Authorities Law to the Commonwealth Court for decision on the merits within that court’s original jurisdiction
How later courts described this case
- in a per curiam order, this Court remanded matter relating to the constitutionality of the 2001 Parking Authorities Law to the Commonwealth Court for decision on the merits within that court’s original jurisdiction
- “in light of Act 22's transfer of control of the governing board (Board) of the Philadelphia Parking Authority (PPA) from the Mayor of Philadelphia to the Governor, PPA constitutes part of the Commonwealth government for purposes of the Commonwealth Court's original jurisdiction”
- “We note, however, that the Court’s comments in Bolshy were directed to the practice of ‘retransfer’ by-courts of common pleas to the Commonwealth Court, which has appellate jurisdiction over them.”
- remanding for disposition on merits after resolving jurisdictional issue
Written by the judges who cited it.
The opinion
ORDER
PER CURIAM:
AND NOW, this 31st day of May, 2002, the order of the Commonwealth Court is VACATED and the matter is RE *431 MANDED to the Commonwealth Court for disposition on the merits. In light of our disposition of the jurisdictional issue, we hereby lift the stay of further implementation of Act 22. Appellant’s Petition for Contempt is DENIED as moot.
Justice CASTILLE files a Concurring Statement which is joined by Justice NIGRO.
Justice SAYLOR files a Concurring Statement.
Chief Justice ZAPPALA files a Dissenting Statement which is joined by Justice CAPPY.