Legal Opinion · Concurrence

McKinley v. State Board of Funeral Directors

Commonwealth Court of Pennsylvania

Decided March 28, 1972No. Appeal, No. 863 C.D. 1971Published

1Concurrence

Concurring Opinion by

Judge Crumlish, Jr. :

While I concur in the result reached by the Court today, I disagree with the reasoning leading to it. As I said in my dissenting opinion in Manheim Township *48School District v. State Board of Education, 1 Pa. Commonwealth Ct. 627, 276 A. 2d 561 (1971),1 “I believe that Article Y, Section 9 [of the Pennsylvania Constitution] was not intended to limit its reference to appeals from ‘administrative’ agencies to ‘adjudications.’ ” (Emphasis in original) Therefore the finding that the letter which precipitated this appeal was not an “adjudication” within the…

2Cases cited3 opinions

  1. Smethport Area School District v. BowersSupreme Court of Pennsylvania · 1970
  2. Newport Township School District v. State Tax Equalization BoardSupreme Court of Pennsylvania · 1951
  3. Havertown Savings & Loan Ass'n v. CommonwealthCommonwealth Court of Pennsylvania · 1971

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