Opinion

Safe Harbor Water Power Corp. v. Fajt

  • 583 Pa. 234
  • 876 A.2d 954
  • 2005 Pa. LEXIS 1327
Court
Supreme Court of Pennsylvania
Filed
Jun 21, 2005
Status
Published
Author
Newman
On the bench
Cappy, Castille, Nigro, Newman, Saylor, Eakin, Baer
Cited by
12 cases
Authority
More cited than 4.9%

explaining that “mandamus relief will lie only to compel performance of a required act, but does not lie to compel a discretionary act”

How later courts described this case

  • explaining that “mandamus relief will lie only to compel performance of a required act, but does not lie to compel a discretionary act”

Written by the judges who cited it.

The opinion

Justice NEWMAN,

concurring and dissenting.

I join the Majority in its determination that the Commonwealth Court was not bound by its August 16, 2000 decision that: (a) the Suptax was not self-assessing and self-paying; (b) the Suptax notices issued by the Department of Revenue (Department) constituted initiation of collection activities requiring the Department to engage in settlements prior to attempting collection; and (c) the utilities were entitled to use their mandatory appeal rights before they had to pay the Suptax. See Safe Harbor Water Power Corp. v. Judge, 758 A.2d 259 (Pa.Cmwlth.2000). However, I believe that the Commonwealth Court erred in deciding that Appellants are not entitled to settlement of the Suptax prior to payment and join the Dissenting Opinion of Mr. Justice Saylor. I agree with the Dissent that the post-deprivation process fails scrutiny pursuant to the Due Process Clause and the principles articulated in McKesson Corp. v. Div. of Alcoholic Beverages and Tobacco, Dep’t of Bus. Regulation of Florida, 496 U.S. 18, 89 , 110 S.Ct. 2238 , 110 L.Ed.2d 17 (1990), and that, because the Suptax is not self-assessing and self-paying, Appellants are entitled to meaningful pre-deprivation process.

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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