Legal Opinion

In re Determination of Whether a De Facto

Commonwealth Court of Pennsylvania

Decided April 2, 1984No. Appeal, No. 1529 C.D. 1982PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Judge Blatt,

The Department of Transportation (Department) appeals here an order of the Court of Common Pleas of Cambria County dismissing its preliminary objections to a petition filed by Lakeview Motel, Inc. (Lake-view) in wbicb Lakeview sought a declaratory judgment pursuant to the Declaratory Judgments Act, 42 Pa. C. S. §§7531-7541.1 Tbe Department’s preliminary objections alleged, among other objections, that jurisdiction properly lies with tbe Commonwealth Court pursuant to Section 761(a)(1) of tbe Judicial Code (.Code), 42 Pa. C. S. §761(a) (l).2

An order dismissing preliminary…

2Cases cited4 opinions

  1. Husted v. Board of Directors of Wellsboro Area School DistrictCommonwealth Court of Pennsylvania · 1981
  2. Demetriou v. CarlinCommonwealth Court of Pennsylvania · 1979
  3. City of Philadelphia v. Franklin Smelting & Refining Co.Supreme Court of Pennsylvania · 1982
  4. Griesinger v. CommonwealthCommonwealth Court of Pennsylvania · 1980

3Cited by3 opinions

  1. Greisler Bros. v. CommonwealthCommonwealth Court of Pennsylvania · 1987
  2. Chester Upland School District v. McLaughlinCommonwealth Court of Pennsylvania · 1995
  3. City of Duquesne v. Redevelopment Authority of the City of Duquesne, Duquesne Business Advisory Corporation ~ Appeal of: Duquesne Business Advisory CorporationCommonwealth Court of Pennsylvania · 2019

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