Legal Opinion

Pennsylvania Institutional Health Services Inc. v. Commonwealth, Department of Corrections

Commonwealth Court of Pennsylvania

Decided October 20, 1994No. 22 M.D. 1993PublishedCited by 3 opinions

1Opinion of the Court

KELTON, Senior Judge.

In this equity action addressed to our original jurisdiction, we are asked to decide whether, prior to an administrative hearing, we should (1) declare that a management directive of the Secretaries of Budget and General Services is unconstitutional on its face because of violation of due process principles set forth in Lyness v. State Board of Medicine, 529 Pa. 535, 605 A.2d 1204 (1992); and (2) enjoin further administrative hearings.

Before us are two motions for summary judgment, one filed by Petitioner Pennsylvania Institutional Health Services, Inc. (PIHS), a…

2Cases cited10 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Lyness v. Com., State Bd. of MedicineSupreme Court of Pennsylvania · 1992
  3. R. v. Com., Dept. of Public WelfareSupreme Court of Pennsylvania · 1994
  4. Stone & Edwards Insurance Agency, Inc. v. CommonwealthSupreme Court of Pennsylvania · 1994
  5. Hatchard v. Westinghouse Broadcasting Co.Supreme Court of Pennsylvania · 1987

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3Cited by3 opinions

  1. Balfour Beatty Construction, Inc. v. Department of TransportationCommonwealth Court of Pennsylvania · 2001
  2. Schuylkill Products, Inc. v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 2008
  3. PENNSYLVANIA INST. HEALTH SERV. v. Com.Commonwealth Court of Pennsylvania · 1994

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