Opinion

City of Philadelphia v. Philadelphia Parking Authority

  • 568 Pa. 430
  • 798 A.2d 161
  • 2002 Pa. LEXIS 1138
Court
Supreme Court of Pennsylvania
Filed
May 31, 2002
Status
Published
On the bench
Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
Cited by
14 cases
Authority
More cited than 85.3%

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.

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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