Alpha Auto Sales, Inc. v. Department of State, Bureau of Professional & Occupational Affairs

I dissent and would affirm based on the reasons set forth in the Commonwealth Court Opinion. The Majority premises its opinion on: 1) the Commonwealth Court’s disregard of the sound principle of limited judicial review of administrative agency decisions; and 2) public policy considerations. In concluding these vehicles are not “new vehicles” as defined in 63 Pa.S.A. § 818.10(12), the Commonwealth Court applied the proper three prong test and did not exceed its permissible scope of review.

I) Standard of Review.

The Majority first contends that the Commonwealth Court departed from the “sound…