Legal Opinion · Dissent

Pennsylvania Public Utility Commission v. Allegheny County Port Authority

Supreme Court of Pennsylvania

Decided April 23, 1969No. Appeals, Nos. 23 and 26Published

1Dissent

*501Dissenting Opinion by

Mr. Justice Roberts:

I am convinced that the court below relied upon a rule of law which is clearly not applicable and palpably wrong. By its affirmance, the majority reads the word “order” in the controlling statute to encompass any action of whatsoever nature taken by an administrative tribunal for here all that the Commission has done is list for hearing 88 Transit Lines’ application.1 If this action by the Commission is an “order” within the Act of 1937, then I submit that any administrative action, however ministerial, must be. Had the Commission labeled its action…

2Cases cited14 opinions

  1. Whitehouse v. Illinois Central RailroadSupreme Court of the United States · 1955
  2. Bell Tel. Co. of Pa. v. DriscollSupreme Court of Pennsylvania · 1941
  3. Bradley Lumber Co. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1936
  4. Citizens Passenger Railway Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1921
  5. Bliss Excavating Co. v. Luzerne CountySupreme Court of Pennsylvania · 1965

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