obvious purpose rule (Pennsylvania) · Go Syfert
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obvious purpose rule in Pennsylvania

5 Pennsylvania opinions name it 4 courts 1953–2014 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Mitchell v. Chester Housing Authoritygreen
pa · 1957 · cited in 2 Pennsylvania opinions naming this issue, 2005–2014
2 sentences

2014In underlying the importance of the governmental-proprietary distinction, the Pennsylvania Supreme Court explained in Mitchell v. Chester Housing Authority, 132 A.2d 873, 878 (Pa. 1957), “The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power or body politic by which it was appointed or elected, unhampered by the policies of the predecessors who have since been replaced by the appointing or electing power.” “In determining whether activity is governmental or proprietary, the court wil

2005In Mitchell v. Chester Housing Auth., 389 Pa. 314, 324-25 , 132 A.2d 873, 878 (1957), the Supreme Court explained the public policy behind this rule of law: The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power or body politic by which it was appointed or elected, unhampered by the policies of the predecessors who have since been replaced by the appointing or electing power.

22
Municipal Authority of the Borough of Edgeworth v. Borough of Ambridge Water Authoritygreen
pacommwct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014In underlying the importance of the governmental-proprietary distinction, the Pennsylvania Supreme Court explained in Mitchell v. Chester Housing Authority, 132 A.2d 873, 878 (Pa. 1957), “The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power or body politic by which it was appointed or elected, unhampered by the policies of the predecessors who have since been replaced by the appointing or electing power.” “In determining whether activity is governmental or proprietary, the court wil

2014“If the answer to any of these inquiries is yes, the function is proprietary.” Id.

11
Jencks v. United Statesgreen
scotus · 1957 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975“Once the defendant learns the state secret or the identity of the informer, the underlying basis for the privilege disappears. . . .” Jencks v. United States, 353 U.S. 657, 675 (1957) (Concurring opinion by Burton, J.).

1975"Once the defendant learns the state secret or the identity of the informer, the underlying basis for the privilege disappears. . . ." Jencks v. United States, 353 U.S. 657, 675 (1957) (Concurring opinion by BURTON, J.).

11
Roviaro v. United Statesgreen
scotus · 1957 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
1 sentence

1975In other words, the obvious purpose of the privilege is to maintain the Government’s channels of communication by shielding the identity of an informer from those who would have cause to resent his conduct. 2 The scope of the privilege, however, is limited by its underlying purpose: “[O]nce the identity of the informer has been disclosed to those who would have cause to resent the communication, the privilege is no longer applicable.” Roviaro v. United States, supra at 60.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Lobolito, Inc. v. North Pocono School District green
pa · 2000
2 sentences

2007The policy basis for the governmental-proprietary distinction, as developed in the common law of this Commonwealth, was discussed at length in Lobolito, in which the Court there undertook a historical survey, see Lobolito, 562 Pa. at 384-87 , 755 A.2d at 1289-91 , and recognized the underlying rationale as it had previously been expressed: The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power or body politic by which it was appointed or elected, unhampered by the policies of the pred

2007The policy basis for the governmental-proprietary distinction, as developed in the common law of this Commonwealth, was discussed at length in Lobolito, in which the Court there undertook a historical survey, see Lobolito, 562 Pa. at 384-87 , 755 A.2d at 1289-91 , and recognized the underlying rationale as it had previously been expressed: The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power or body politic by which it was appointed or elected, unhampered by the policies of the pred

12007–2007
City of Pittsburgh v. Pennsylvania Public Utility Commission green
pasuperct · 1952
2 sentences

1953And an average having a broad base will rest on a more solid foundation than a short term average or a cost based on spot prices": Pittsburgh v. Pennsylvania Public Utility Commission, supra, 171 Pa. Superior Ct. 187, 197 , 90 A. 2d 607 .

1953And an average having a broad base will rest on a more solid foundation than a short term average or a cost based on spot prices": Pittsburgh v. Pennsylvania Public Utility Commission, supra, 171 Pa. Superior Ct. 187, 197 , 90 A. 2d 607 .

11953–1953

Where else courts name it

CT 21 (1931–2021) KY 7 (1992–2025) TX 5 (1971–2022) PA 5 (1953–2014) NY 5 (1958–2000) MO 5 (1964–2024) KS 4 (1994–2022) IL 4 (1971–1987) FL 4 (1965–2012) CA 4 (1959–1988) GA 4 (1974–2024) AL 3 (1986–1995) MD 3 (1926–1996) NM 3 (1971–2008) OH 3 (2001–2004) WA 3 (1960–1984) OR 2 (1981–1985) VA 2 (1935–2001) SC 2 (1999–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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