Opinion

City of Pittsburgh v. Pennsylvania Department of Transportation

  • 490 Pa. 264
  • 416 A.2d 461
  • 1980 Pa. LEXIS 720
Court
Supreme Court of Pennsylvania
Filed
Jul 3, 1980
Status
Published
Author
Nix
On the bench
Eagen, O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman
Cited by
31 cases

Commonwealth Court did not err in assessing interest against state agency in mandamus action by city to collect payments due to city under order of the Pennsylvania Public Utility Commission

How later courts described this case

  • Commonwealth Court did not err in assessing interest against state agency in mandamus action by city to collect payments due to city under order of the Pennsylvania Public Utility Commission
  • Argument that did not appear in the pleadings was deemed waived for appellate review purposes in accordance with Dilliplaine
  • City of Pittsburgh filed mandamus action in Commonwealth Court to enforce order of Public Utility Commission on allocation of funding for bridge demolition
  • argument does not appear in the pleadings, thus it is waived

Written by the judges who cited it.

The opinion

NIX, Justice,

dissenting.

The decision of the majority overlooks one vitally important fact: that involved here is a wholly intergovernmental transaction. The party in the position of debtor as a consequence of the Public Utility Commission’s clarification order is the Department of Transportation (PennDOT), which is an arm of the Commonwealth. The creditor is the City of Pittsburgh, which is a political subdivision of that same Commonwealth. In my view, where a governmental body is in the position of creditor in the transaction and is also a subdivision of the debtor, there is no place for imposing an interest charge. For the “pockets” from which the payment must come and the eventual recipient are one-in-the-same.

If, on the other hand, there were additional costs incurred by the political subdivision to a third party for the Commonwealth’s failure to pay the specified sum at the appointed time, those costs could be rightfully charged against the state. Here no evidence was presented which showed any additional costs were incurred by the City of Pittsburgh due to PennDOT’s delay in paying the certified costs.

I therefore respectfully 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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