General Motors, LLC v. Bureau of Professional & Occupational Affairs, State Board of Vehicle Manufacturers, Dealers & Salespersons

DISSENTING OPINION BY

JUDGE COSGROVE

Although I respect the exceptionally well written and reasoned Majority opinion, I cannot agree with its conclusion.

This case requires us to define the boundaries of the Board of Vehicles Act (Act), Act of December 22, 1983, P.L. 306, as amended, 63 P.S. §§ 818.1-818.37, relative to automobile dealer reimbursements for parts and labor expenses incurred in performance of warranty repairs. Specifically, we must determine whether manufacturers (in this case, General Motors, LLC (Petitioner)), may require dealers, such as the present Intervenors (Protesting…