Opinion

Borough of Blawnox Council v. Olszewski

  • 505 Pa. 176
  • 477 A.2d 1322
  • 1984 Pa. LEXIS 279
Court
Supreme Court of Pennsylvania
Filed
Jun 5, 1984
Status
Published
Author
Nix
On the bench
Flaherty, Hutchinson, Nix, Zappala, Papadakos
Cited by
9 cases

The opinion

NIX, Chief Justice,

dissenting.

I agree with the majority that the Commonwealth Court erred as a matter of law in applying caselaw construing the Civil Service Act’s “just cause” requirement, Act of August 5, 1941, P.L. 752, § 807, as amended, 71 P.S. § 741.807 (Supp.1983-84), in the instant case. I also agree with the majority’s interpretation of “just cause” as contemplated by section 905 of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Art. IX, § 905, 53 P.S. § 10905 (1972). Having articulated the proper standard, however, the majority proceeds to an evaluation of the evidence. Because the proper course would have been to remand the matter for further proceedings consistent with this Court’s interpretation of section 905, I am compelled to dissent.

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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