Opinion

Popowsky v. Pennsylvania Public Utility Commission

  • 869 A.2d 1144
  • 2005 Pa. Commw. LEXIS 137
Court
Commonwealth Court of Pennsylvania
Filed
Mar 14, 2005
Status
Published
Author
Colins
On the bench
Colins, McGinley, Smith-Ribner, Leadbetter, Jubelirer, Simpson, Leavitt
Cited by
8 cases

explaining maxim expressio unius est ex-clusio alteñus or, the inclusion of a specific matter in a statutory provision implies the exclusion of others

How later courts described this case

  • explaining maxim expressio unius est ex-clusio alteñus or, the inclusion of a specific matter in a statutory provision implies the exclusion of others

Written by the judges who cited it.

The opinion

Dissenting Opinion by

President Judge COLINS.

I wish to indicate that I join fully in the dissenting opinion of Judge Simpson.

*1161 Further, I wish to state my belief that the majority is substituting its judgment for that of the Pennsylvania Public Utility Commission (PUC), as well as engaging in unauthorized fact finding. As indicated by Judge Simpson, the plain language of the “general rule” mandates an affirmance of the PUC’s action.

Judge SIMPSON joins in this 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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