Opinion

Gardner v. Repasky

  • 434 Pa. 126
  • 252 A.2d 704
  • 1969 Pa. LEXIS 417
Court
Supreme Court of Pennsylvania
Filed
Apr 23, 1969
Status
Published
Author
Roberts
On the bench
Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy
Cited by
65 cases

arising under borough code provisions, since repealed but containing language still found in provisions appli cable here

How later courts described this case

  • arising under borough code provisions, since repealed but containing language still found in provisions appli cable here
  • same individual should not have served on board seeking suspension of police officer and Civil Service Commission determining officer’s suspension appeal
  • arising under borough code provisions, since repealed but containing language still found in provisions appli *458 cable here
  • one of the officials who initiated civil service disciplinary proceeding also sitting as a member of a civil service commission; civil service action reversed, not remanded

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Justice Roberts:

It is my view that this Court does not have jurisdiction of this appeal. Neither the parties to this action nor the majority has cited one similar case which this Court has heard. Nor has my research revealed any. Therefore, the appropriate recourse would be for us to either quash the appeal or remit it to the Superior Court; that Court has initial appellate jurisdiction in civil service appeals unless they come under this Court’s equity jurisdiction. 17 P.S. §184.1. * In light of this, I do not find it necessary to discuss or decide the merits of this controversy.

“All actions arising from proceedings and orders of any commission or administrative agency, except as otherwise provided by statute . . . .”

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.