County Commissioners Ass'n v. Dinges

DISSENTING OPINION BY

Judge PELLEGRINI.

I respectfully dissent because the Petitioners have not made out that the Commonwealth, the Attorney General and the State Treasurer (collectively, “Commonwealth Parties”) are indispensable parties.1

Article 5, Section 4 of the Pennsylvania Constitution states that this Court only has “such jurisdiction as shall be provided by law.” With certain exceptions not applicable here, Section 761(a) of the Judicial Code, 42 Pa.C.S. § 761(a), sets forth that “[t]he Commonwealth Court shall have original jurisdiction of all civil actions or proceedings: (1) Against…