Legal Opinion
C. DeLuca and DeLuca's Auto Repair and Towing, Inc. v. Hazleton PD and Chief of Police F v. DeAndrea, Jr.
Commonwealth Court of Pennsylvania
Decided July 28, 2016No. 2401 C.D. 2015PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY Judge ROBERT SIMPSON.
The key issue in this case is whether suspension from a municipality's emergency service towing rotation is an "adjudication" under our Local Agency Law, 1 requiring a hearing and the right of appeal. A towing business was suspended from the towing rotation in Hazleton amid accusations of misconduct, including dishonesty or corruption affecting the health, safety and welfare of others, but it was denied a hearing before the local agency and a trial court. The towing business appeals.
More particularly, DeLuca's Auto Repair and Towing, Inc., and its owner,…
2Cases cited11 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Paul v. DavisSupreme Court of the United States · 1976
- In the Interest of J.B.Supreme Court of Pennsylvania · 2014
- Stumpp v. Stroudsburg Municipal AuthoritySupreme Court of Pennsylvania · 1995
- Guthrie v. Borough of WilkinsburgSupreme Court of Pennsylvania · 1984
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3Cited by2 opinions
- Giant Food Stores, LLC v. Penn TownshipCommonwealth Court of Pennsylvania · 2017
- Giant Food Stores, LLC v. Penn TownshipCommonwealth Court of Pennsylvania · 2017