Legal Opinion

Frisby v. Commonwealth

Commonwealth Court of Pennsylvania

Decided June 27, 1990No. 46 Misc. Docket 1990PublishedCited by 1 opinion

1Opinion of the Court

McGINLEY, Judge.

The Department of Public Welfare (DPW) has asserted a preliminary objection, in the nature of a demurrer, to the petition for review filed by Mattie Morris Frisby and her son Avery Lofton (Petitioners) seeking injunctive relief. We grant the demurrer.

In a proceeding separate but related to the present case, DPW, on October 15, 1987, refused to renew the personal care home license of Mattie Morris Frisby. Following an administrative hearing, DPW, by an adjudication dated May 5, 1989, denied Ms. Frisby’s appeal. Ms. Frisby then appealed to this Court, at No. 1070 C.D.1989, but…

2Cases cited4 opinions

  1. Lyng v. PayneSupreme Court of the United States · 1986
  2. Ritter v. CohenCourt of Appeals for the Third Circuit · 1986
  3. Summit School, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  4. Fumo v. Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1988

3Cited by1 opinion

  1. Woods Services v. Department of Public Welfare of the CommonwealthCommonwealth Court of Pennsylvania · 1996

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