Legal Opinion

Mechanical Contractors Ass'n v. Commonwealth, Department of Education

Commonwealth Court of Pennsylvania

Decided October 20, 2004PublishedCited by 7 opinions

1Opinion of the Court

OPINION BY

Judge PELLEGRINI.

Before this Court is an application for summary relief and request for declaratory judgment filed by Mechanical Contractors of Eastern Pennsylvania, Inc. (MCA) seeking an order directing Secretary Vicki L. Phillips (Secretary) of the Department of Education (Department) to declare that neither Section 751(a) of the Public School Code of 1949 (School Code)1 nor Section 1 of the Separations Act2 is waivable under the Mandate Waiver Program of the Education Empowerment Act.3

In order to fully understand the facts of this case, an explanation of the legislative…

2Cases cited16 opinions

  1. Cedarbrook Realty, Inc. v. NahillSupreme Court of Pennsylvania · 1979
  2. Com., Dept. of Ed. v. First SchoolSupreme Court of Pennsylvania · 1977
  3. Loomis v. PHILA. SCHOOL DIST. BD.Supreme Court of Pennsylvania · 1954
  4. Loomis v. Philadelphia School District Board of EducationSupreme Court of Pennsylvania · 1954
  5. National Solid Wastes Management Ass'n v. CaseyCommonwealth Court of Pennsylvania · 1990

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3Cited by7 opinions

  1. HSP Gaming, L.P. v. City of PhiladelphiaSupreme Court of Pennsylvania · 2008
  2. Robinson Township v. CommonwealthCommonwealth Court of Pennsylvania · 2012
  3. Commonwealth, Department of General Services v. Board of ClaimsCommonwealth Court of Pennsylvania · 2005
  4. Mechanical Contractors Ass'n of Eastern Pennsylvania, Inc. v. CommonwealthSupreme Court of Pennsylvania · 2007
  5. HSP Gaming, L.P. v. City of PhiladelphiaSupreme Court of Pennsylvania · 2008

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