Opinion

Automobile Trade Ass'n v. City of Philadelphia

  • 528 Pa. 233
  • 596 A.2d 794
  • 1991 Pa. LEXIS 169
Court
Supreme Court of Pennsylvania
Filed
Aug 14, 1991
Status
Published
Author
Papadakos
On the bench
Cappy, Flaherty, Larsen, McDERMOTT, Nix, Papadakos, Zappala
Cited by
4 cases
Authority
More cited than 9.7%

recognizing that McKesson’s due process principles are relevant to vindicate a taxpayer’s rights under the Uniformity Clause, but remanding for a determination as to whether the challenged mercantile license tax was unconstitutional

How later courts described this case

  • recognizing that McKesson’s due process principles are relevant to vindicate a taxpayer’s rights under the Uniformity Clause, but remanding for a determination as to whether the challenged mercantile license tax was unconstitutional
  • remanding case to appellate court because of failure to consider and meet due process concerns of McKesson
  • “The result of the prospectivity decision was that the tax had not been unlawful when collected. There being no illegal collection to be remedied, the rule of McKesson did not apply.”

Written by the judges who cited it.

The opinion

PAPADAKOS, Justice,

concurring.

Because the majority does for Appellants in this case what it refused to do for the Appellants in American Trucking Associations, Inc., et al. v. McNulty, 528 Pa. 212 , 596 A.2d 784 , that is, provide to Appellants “meaningful back-ward looking relief to rectify any unconstitutional deprivation” as required by the United States Supreme Court in McKesson Corporation v. Division of Alcoholic Beverages and Tobacco, Department of Business Regulation of Fla., 496 U.S. 18 , 110 S.Ct. 2238 , 110 L.Ed.2d 17 (1990), I concur in the result.

I agree that this matter must be remanded to the Court of Common Pleas of Philadelphia County for the resolution of the constitutional issues. If, however, the instant tax is determined to be unconstitutional, I believe that Appellants will more than likely be entitled to the full refunds they are seeking, pursuant to McKesson, as discussed in my dissent *240 ing opinion in the companion case decided today of American Trucking.

LARSEN, J., joins this concurring opinion.

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.