Legal Opinion · Dissent

Deer Creek Drainage Basin Authority v. County Board of Elections

Supreme Court of Pennsylvania

Decided December 21, 1977No. 3796 Misc. DocketPublished

1DissentPomeroy, Justice

In my view, the Court is totally without jurisdiction to entertain the matter which it now decides. I am therefore obliged to dissent.

Undoubtedly motivated by what it perceives as the need for quick resolution of the tangle in which West Deer Township and the Deer Creek Drainage Basin Authority *501find themselves,1 the Court, in disregard of the basic limitations upon its own power, ignores the rudiments of appellate jurisprudence. In so doing, it unwisely creates a whole new area of original jurisdiction of this Court, with consequences for the future which are difficult to foresee.

The petition…

2Cases cited37 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. Ex Parte FaheySupreme Court of the United States · 1947
  4. Singer v. SheppardSupreme Court of Pennsylvania · 1975
  5. COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971

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