Opinion

Philadelphia Entertainment & Development Partners, L.P. v. City of Philadelphia

  • 594 Pa. 468
  • 937 A.2d 385
  • 2007 Pa. LEXIS 2701
Court
Supreme Court of Pennsylvania
Filed
Dec 21, 2007
Status
Published
Author
Baer
On the bench
Cappy, C.J., and Castille, Saylor, Eakin, Baer, Baldwin and Fitzgerald
Cited by
36 cases
Authority
More cited than 10.5%

holding that courts of the Commonwealth “should not give answers to academic questions or render advisory opinions or make decisions based on assertions as to hypothetical events that might occur in the future”

How later courts described this case

  • holding that courts of the Commonwealth “should not give answers to academic questions or render advisory opinions or make decisions based on assertions as to hypothetical events that might occur in the future”
  • explaining “that while subject matter jurisdiction concerns the power of a court to hear a claim, the doctrine of ripeness concerns the timing of a court[’s] intervention in litigation”
  • deeming PEDP’s challenge to constitutionality of rezoning ordinance unripe *435 because ordinance had not yet been applied so as to subject Gaming Board’s decision and hinder PEDP’s desired use of its licensed Foxwoods site
  • deeming PEDP's challenge to constitutionality of rezoning ordinance unripe because ordinance had not yet been applied so as to subject Gaming Board's decision and hinder PEDP's desired use of its licensed Foxwoods site

Written by the judges who cited it.

The opinion

*489 Justice BAER,

concur.

This Court being prohibited from considering facts not of record, see Welsh v. Bulger, 548 Pa. 504 , 698 A.2d 581, 586 (Pa.1997) (citing, McCaffrey v. Pittsburgh Athletic Association, 448 Pa. 151 , 293 A.2d 51, 57 (Pa.1972) (appellate court cannot consider anything which is not part of the record)), I join in the Court’s per curiam Order denying the Application for Reargument of Petitioner Philadelphia Entertainment and Development Partners L.P. d/b/a/ Foxwoods Casino Philadelphia and Request for Expedited Treatment.

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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