green
Positive treatment
Quoted verbatim 2×
19.3 score
G Cite
cited 2× by 2 distinct cases ·
…t is not the province of the judiciary to augment the legislative scheme.
⚠ not in text
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Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Keystone Rx v. Bur. of W.C. Apl of: Compservices
t is not the province of the judiciary to augment the legislative scheme.
discussed
Cited as authority (quoted)
Keystone Rx v. Bur. of W.C., Aplt.
t is not the province of the judiciary to augment the legislative scheme.
discussed
Cited as authority (rule)
Franklin Towne Charter High School v. The S.D. of Philadelphia & The Board of Education of the S.D. of Philadelphia
(2×)
also: Cited "see, e.g."
“The doctrine of exhaustion of administrative remedies is intended to prevent the premature interruption of the administrative process, which would restrict the agency’s opportunity to develop an adequate factual record, limit the agency in the exercise of its expertise, and impede the development of a cohesive body of law in that 7 Because the issues presented herein require interpretation of the CSL, “they are issues of law, over which our standard of review is de novo and our scope of review is plenary.” Discovery Charter School v. School District of Philadelphia, 166 A.3d 304, 316 …
discussed
Cited as authority (rule)
R. Glahn and D. Gorencel v. DEP (Environmental Hearing Board)
See, e.g., Section 508 of the Pennsylvania Municipalities Planning Code9 (providing that the failure of the governing body or agency to render a decision and communicate it to the applicant within the time and in the manner specified shall be deemed an approval of the application); Discovery Charter School v. School District of Philadelphia, 166 A.3d 304, 321 (Pa. 2017) (holding inaction on an initial charter 9 Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10508. 9 application within statutory timeframe constitutes a deemed denial appealable to the Charter School Appeal Board).
discussed
Cited as authority (rule)
County of Fulton v. Sec'y. of the Com.
“Consistent with these principles, when construing a statute ‘we must listen attentively to what the statute says, but also to what it does not say.’” In re Canvassing Observation, 241 A.3d at 349 (quoting Discovery Charter School v. School District of Philadelphia, 166 A.3d 304, 321 (Pa. 2017)).
discussed
Cited as authority (rule)
Eastern Univ. Acad. C.S., Aplt. v. S.D. of Phila.
The petitioning party must file an application with the school board of the district in which the 2 Id. § 17-1702-A(1)-(6) (capitalization and numbering omitted). 3 166 A.3d 304 (Pa. 2017). 4 Id. at 318. [J-71-2021] [MO: Todd, J.] - 2 party seeks to establish the charter school, substantively addressing seventeen different criteria.5 Following a public hearing,6 the school district may issue the charter for up to five years.7 Each year, the school district’s board must “assess whether each charter school is meeting the goals of its charter.”8 As the term of the charter progresses, the c…
discussed
Cited as authority (rule)
In Re: Canvassing Observ., Apl. of: Bd. of Elec.
Consistent with these [J-116-2020] - 15 principles, when interpreting a statute “we must listen attentively to what the statute says, but also to what it does not say.” Discovery Charter School v. School District of Philadelphia, 166 A.3d 304, 321 (Pa. 2017).
discussed
Cited as authority (rule)
Eastern Univ. Academy Charter Sch. v. SD of Philadelphia
(2×)
(Reproduced Record (R.R.) at 2885a) (italics in original.) The Original Application represented that the Academy “will be a model of true integration of an Early College program where students prepare for and earn college credit prior to graduation.” (R.R. at 2885a.) Eastern University, the Academy’s “primary partner,” was to provide “a wealth of academic resources, facilities resources, and personnel to the college in a merging of college and high school programs that is that are available within the public school system. 24 P.S. §17-1702- A. Discovery Charter School v. School Di…
cited
Cited "see"
Com. v. Bey, C., Appeal of: PG Publishing
See Discovery Charter School v. School District of Philadelphia, 166 A.3d 304 , 314 n.10 (Pa. 2017).
Retrieving the full opinion text from the archive…
ALDERWOODS (PENNSYLVANIA), a Wholly Owned Subsidiary of Service Corporation International, t/a Burton L. Hirsch Funeral Home
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, the Honorable Gladys M. Brown, Chairman, the Honorable Andrew G. Place, Vice Chairman, the Honorable John F. Coleman, Jr., Commissioner, the Honorable Robert F. Powelson, Commissioner, the Honorable David W. Sweet, Commissioner, and Duquesne Light Company
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, the Honorable Gladys M. Brown, Chairman, the Honorable Andrew G. Place, Vice Chairman, the Honorable John F. Coleman, Jr., Commissioner, the Honorable Robert F. Powelson, Commissioner, the Honorable David W. Sweet, Commissioner, and Duquesne Light Company
No. 30 WAP 2017.
Supreme Court of Pennsylvania.
Aug 3, 2017.
Lead Opinion
ORDER
PER CURIAMAND NOW,. this 3rd day of August, 2017, the Notice of Appeal is quashed.
Justice Baer files a Concurring' Statement.Concurrence
JUSTICE BAER,
concurring
I join the decision of the Court insofar as it rejects the filing of a case in the Commonwealth Court’s original jurisdiction and a direct appeal therefrom as a way to bring an appellate issue properly subject to discretionary consideration before this Court as of right.
I write separately to express serious doubt as to whether the trial court and Public Utility Commission (PUC) were correct in having the PUC determine the utility’s liability in this case. That issue has nothing to do with the PUC’s expertise as a regulator of utilities. Indeed, the question of liability strikes me as a typical one that trial courts and juries in this Commonwealth answer every day. Thus, if this case was properly before the Court, my inclination would be to reverse.