Legal Opinion · Concurrence

In re J.S.

Commonwealth Court of Pennsylvania

Decided September 25, 1991No. 2168 C.D. 1990Published

1ConcurrenceByer, Judge

I agree for the most part with the majority opinion. However, I write separately because I disagree in two minor respects with the majority opinion’s discussion of the mootness issue.

First, although I agree with the majority that this case should not be dismissed for mootness, I have a slightly different basis for that conclusion. There is a recognized exception to the mootness principle which allows a court to decide a case which might in a technical sense be moot but which presents an important question capable of repetition but evading review. Jersey Shore Area School District v. Jersey…

2Cases cited7 opinions

  1. In Re GrossSupreme Court of Pennsylvania · 1978
  2. Jersey Shore Area School District v. Jersey Shore Education Ass'nSupreme Court of Pennsylvania · 1988
  3. Commonwealth, Pennsylvania Liquor Control Board v. DenticiCommonwealth Court of Pennsylvania · 1988
  4. Cytemp Specialty Steel Division v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1989
  5. Benoff v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1987

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