Opinion

Stoltz v. McConnon

  • 473 Pa. 157
  • 373 A.2d 1096
  • 1977 Pa. LEXIS 702
Court
Supreme Court of Pennsylvania
Filed
Jun 3, 1977
Status
Published
Author
Roberts
On the bench
Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Jones
Cited by
12 cases

“Pennsylvania courts have repeatedly applied the common-law rule to representative municipal bodies of limited membership in the absence of [a]ny language to the contrary in the relevant enabling statute.”

How later courts described this case

  • “Pennsylvania courts have repeatedly applied the common-law rule to representative municipal bodies of limited membership in the absence of [a]ny language to the contrary in the relevant enabling statute.”

Written by the judges who cited it.

The opinion

ROBERTS, Justice.

I agree with the majority that the affirmative votes of six members of the board of the Southeastern Pennsylvania Transportation Authority are necessary for the adoption of any resolution, and I join in the majority opinion. I write only to suggest an additional reason why this interpretation of section 18(a) of the Metropolitan Transportation Authorities Act of 1963 1

2 does not render surplusage the provision that a majority of the board shall constitute a quorum.®

Adoption of resolutions is not the only action by the board or proceeding before the board which requires a quorum. For example, section 18(a) further provides: “ [rjegular meetings of the board shall be held in the metropolitan area at least once in each calendar month except July or August . . ..” If a quorum is present, a regular meeting may be held, even though no resolution receives six affirmative votes. Thus the requirement *169 that a resolution receive six affirmative votes to be adopted does not deprive the quorum provision of independent significance.

. Act of August 14, 1983, P.L. 984, § 18(a), 66 P.S. § 2018(a) (Supp.1976).

. Id.

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.