# Stoltz v. McConnon

> Supreme Court of Pennsylvania · June 3, 1977 · 473 Pa. 157

URL: https://www.frixlaw.com/law-library/cases/9758358

## Case

- **Full name:** Lawrence R. STOLTZ, Honorable James H. J. Tate, Honorable Joseph Tracy and Harold E. Kohn, Appellees, v. James C. McCONNON, William R. Eaton and Joseph T. MacK, Appellants; SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant, and Lawrence H. Baberick, Bernard L. McDevitt, Thomas C. Ottey, Edward J. Roach, William C. Schuster, William E. Shirley, Charles F. Toewe, Francis G. Warburton and Main LaFrentz & Co., T/A Main LaFrentz & Co. v. Harold E. KOHN
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 3, 1977
- **Citations:** 473 Pa. 157; 373 A.2d 1096; 1977 Pa. LEXIS 702
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberts
- **Judges:** Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Jones
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9758358

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9758358. Public record. Not legal advice.