18 Pennsylvania opinions name it 3 courts 1992–2026 6 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.
| Case | Followed | Cited |
|---|---|---|
Pittsburgh Palisades Park, LLC v. Commonwealthgreen2 sentences2010See Pittsburgh Palisades Park, LLC v. Commonwealth of Pennsylvania, 585 Pa. 196 , 888 A.2d 655, 660 (Pa.2005). 2010See Pittsburgh Palisades Park, LLC v. Commonwealth of Pennsylvania, 585 Pa. 196 , 888 A.2d 655, 660 (Pa.2005). | 2 | 2 |
Lehman v. Pennsylvania State Policegreen2 sentences2018As previously discussed, "requiring 'as applied' challenges to be heard at the administrative level permits the agency to exercise its expertise and develop the factual record necessary to resolve the claim." Lehman , 839 A.2d at 275 ; see St. 2017Lehman, 839 A.2d at 276 (quotation omitted). *267 Moreover, as contrasted with a facial constitutional challenge, an as-applied challenge is concerned with the specific application of a statute based on the facts as found by the agency. | 1 | 2 |
Commonwealth, Aplt. v. Myers, D.green1 sentence2025Relatedly, and as discussed further below, although one might assert that certain extra-statutory evidentiary showings potentially could render a search lawful under the facts of a particular case, such theoretical alternatives do not preclude a facial constitutional challenge to a statute that clearly applied on its own terms. 65 See Myers, 164 A.3d at 1171-72 (Majority holding). 66 Trial Ct. Op., 1/20/2023, at 4. [J-43-2024] - 21 With the constitutionality of Section 3755 properly before us, we turn to an analysis of the developments in Fourth Amendment jurisprudence that resolve the questio | 1 | 1 |
Keystone ReLeaf, LLC v. Pennsylvania Department of Health, Office of Medical Marijuanagreen2 sentences2021See Martel, 216 A.3d at 1176; Keystone ReLeaf, 186 A.3d at 514 . 11 Moreover, the Petition for Review does not seek a declaration from this Court that Act 22 is unconstitutional, further demonstrating that the Petition does not raise a substantial constitutional question.4 See Keystone ReLeaf, 186 A.3d at 518 (dismissing cause of action for failure to exhaust administrative remedies, where the issues “involve[d] . . . the [agency’s] interpretation and application of the [statute at issue] and temporary regulations” and, absent a facial constitutional challenge to the statute or regulations, “t 2021See Martel, 216 A.3d at 1176; Keystone ReLeaf, 186 A.3d at 514 . 11 Moreover, the Petition for Review does not seek a declaration from this Court that Act 22 is unconstitutional, further demonstrating that the Petition does not raise a substantial constitutional question.4 See Keystone ReLeaf, 186 A.3d at 518 (dismissing cause of action for failure to exhaust administrative remedies, where the issues “involve[d] . . . the [agency’s] interpretation and application of the [statute at issue] and temporary regulations” and, absent a facial constitutional challenge to the statute or regulations, “t | 1 | 1 |
UGI Utilities, Inc. v. City of Reading and PA PUCgreen1 sentence2020See Maylie v. National (Footnote continued on next page…) 17 of Reading, which involved an assessment of whether a local ordinance was preempted by the amended version of 52 Pa. Code §59.18 , this Court interpreted the regulation and noted that it expressly “states that inside meter location ‘shall be considered’ for buildings in historic districts, provided that the regulator and a shut- off valve are installed outside.” 179 A.3d at 625 (citing 52 Pa. Code §59.18 (d)(1)(ii), (2), (3)). | 1 | 1 |
East Coast Vapor, LLC v. PA Department of Revenuegreen1 sentence2020Although petitioners need not avail themselves of or even exhaust administrative remedies when they lodge a facial constitutional challenge to a statutory provision, see East Coast Vapor, LLC v. Pennsylvania Department of Revenue, 189 A.3d 504, 511 (Pa. Cmwlth. 2018) (en banc), Petitioners here decided to apply for licensure and elected to pursue the administrative process with and through the Board. | 1 | 1 |
Robinson Township v. Commonwealthgreen1 sentence2020Petitioners cannot credibly argue that this Court should hear this matter as a “pre-enforcement review.” See Robinson Twp. v. Cmwlth., 83 A.3d 901, 990-91 (Pa. 2013) (noting defenses to original jurisdiction pre-enforcement action include concerns that “issues or facts . . . not adequately developed” and “whether [the] adversary will suffer any hardships if review is delayed”). | 1 | 1 |
Kepple v. Fairman Drilling Co.green1 sentence2016See Pa.R.A.P. 521; Kepple v. Fairman Drilling Co., 615 A.2d 1298, 1303 (Pa. 1992) (holding appellant waived facial constitutional challenge to statute by failing to notify attorney general under Rule 521). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
County of Bucks v. Coganred1 sentence2024See in re Adoption of K.E.G., 2023 WL 6620329 , at *5 (Pa. Super. 2023) (non-precedential decision) (finding that a party’s failure to comply with either Rule 235 or Rule 521(a) resulted in waiver of all constitutional claims); A.F. v. E.B.V., 2020 WL 734045 , at *3 (Pa. Super. 2020) (non-precedential decision) (same); but see County of Bucks v. Cogan, 615 A.2d 810, 812-13 (Pa. Cmwth. 1992) (holding that notice to the Attorney General is only required when a facial constitutional challenge is made, and not where the allegation is that the statute as applied to the litigant works as an unconsti | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Borough of Green Tree v. Board of Property Assessments, Appeals & Review
green
2 sentences2004The reason for this divergence may be that this Court perceived that, while the Supreme Court recognized that an administrative agency should be allowed to exercise its role of specialized fact-finder and apply “its administrative expertise,” Borough of Green Tree, 459 Pa. at 281 , 328 A.2d at 825 , there are times when, despite the absence of a facial constitutional challenge, the balance between an administrative agency’s exercise of its expertise and its ability to offer complete redress for an alleged wrong of egregious constitutional dimension falls in favor of proceeding in equity. 2004The reason for this divergence may be that this Court perceived that, while the Supreme Court recognized that an administrative agency should be allowed to exercise its role of specialized fact-finder and apply “its administrative expertise,” Borough of Green Tree, 459 Pa. at 281 , 328 A.2d at 825 , there are times when, despite the absence of a facial constitutional challenge, the balance between an administrative agency’s exercise of its expertise and its ability to offer complete redress for an alleged wrong of egregious constitutional dimension falls in favor of proceeding in equity. | 2 | 2004–2021 |
Clifton v. Allegheny County
green
2 sentences2018Clifton v. Allegheny Cty. , 600 Pa. 662 , 969 A.2d 1197 , 1224 (2009). 2018As previously stated, in order to be successful, a facial constitutional challenge requires the challenger to "demonstrate that a 'substantial number' of the challenged statute's potential applications are unconstitutional." Clifton , 969 A.2d at 1223 n.36. | 2 | 2015–2018 |
Parker v. Commonwealth
green
1 sentence2026Thus, we overrule this PO.7 7 During oral argument, Agency Respondents relied on Parker v. Department of Labor and Industry, 540 A.2d 313 (Pa. Cmwlth. 1988), aff’d, 557 A.2d 1061 (Pa. 1989), despite not citing the case in their brief, and provided a hard copy to the Court. | 1 | 2026–2026 |
United States v. Edell Jackson
green
1 sentence2026Id. at 1260-61 . | 1 | 2026–2026 |
Parker v. DEPT. OF LABOR & INDUSTRY
green
1 sentence2026Thus, we overrule this PO.7 7 During oral argument, Agency Respondents relied on Parker v. Department of Labor and Industry, 540 A.2d 313 (Pa. Cmwlth. 1988), aff’d, 557 A.2d 1061 (Pa. 1989), despite not citing the case in their brief, and provided a hard copy to the Court. | 1 | 2026–2026 |
Commonwealth v. Hendrickson
green
1 sentence2023Although she recognizes that the Supreme Court rejected a facial constitutional challenge to a prior version of the harassment statute in Commonwealth v. Hendrickson, 724 A.2d 315 (Pa. 1999), Appellant insists Hendrickson is not controlling here. | 1 | 2023–2023 |
Parsowith v. Com., Dept. of Revenue
green
1 sentence2018There, Mrs. Parsowith attacked the disparity in tax treatment of property passing to or for use of a surviving spouse "as between widows whose husbands died after January 1, 1995, ... and widows whose husbands died before the effective dates for the reduced tax rates ...." Parsowith , 723 A.2d at 661 . | 1 | 2018–2018 |
Empire Sanitary Landfill, Inc. v. Commonwealth
green
1 sentence2018The Supreme Court reasoned that allowing a declaratory judgment action to address a facial constitutional challenge to a law would not cause "the court to prejudge issues that are committed for initial resolution to an administrative forum" or establish "in advance the merits of any determination regarding a permit application." Id. at 1055 . | 1 | 2018–2018 |
United States v. Salerno
green
2 sentences2015For example, in United States v. Salerno, 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987), the U.S. Supreme Court stated that a facial constitutional challenge would succeed only upon a showing that there were no set of circumstances under which the statute would be valid. 2015For example, in United States v. Salerno, 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987), the U.S. Supreme Court stated that a facial constitutional challenge would succeed only upon a showing that there were no set of circumstances under which the statute would be valid. | 1 | 2015–2015 |
Washington State Grange v. Washington State Republican Party
green
2 sentences2015However, in Washington State Grange v. Washington State Republican Party, 552 U.S. 442, 449 , 128 S.Ct. 1184 , 170 L.Ed.2d 151 (2008), the U.S. Supreme Court settled on a “plainly legitimate- sweep” standard. ■ Under the latter standard, “the challenger need only demonstrate that a ‘substantial number’ of the challenged statute’s potential applications are unconstitutional.” Clifton, 969 A.2d at 1223 n. 36. 2015However, in Washington State Grange v. Washington State Republican Party, 552 U.S. 442, 449 , 128 S.Ct. 1184 , 170 L.Ed.2d 151 (2008), the U.S. Supreme Court settled on a “plainly legitimate- sweep” standard. ■ Under the latter standard, “the challenger need only demonstrate that a ‘substantial number’ of the challenged statute’s potential applications are unconstitutional.” Clifton, 969 A.2d at 1223 n. 36. | 1 | 2015–2015 |
United States v. Allied Oil Corp.
green
1 sentence2015For example, in United States v. Salerno, 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987), the U.S. Supreme Court stated that a facial constitutional challenge would succeed only upon a showing that there were no set of circumstances under which the statute would be valid. | 1 | 2015–2015 |
Bell Tel. Co. of Pa. v. Driscoll
green
2 sentences2010The present case is similar to Bell Telephone Company of Pennsylvania v. Driscoll, 343 Pa. 109 , 21 A.2d 912 (1941). 2010The present case is similar to Bell Telephone Company of Pennsylvania v. Driscoll, 343 Pa. 109 , 21 A.2d 912 (1941). | 1 | 2010–2010 |
Scalzi v. City of Altoona
green
1 sentence1992We have, however, held that such notice is only required when a facial constitutional challenge is made, Scalzi v. City of Altoona, 111 Pa.Commonwealth Ct. 479, 533 A.2d 1150 (1987), petition for allowance of appeal denied, 520 Pa. 592 , 551 A.2d 218 (1988), and not, as here, where the allegation is that the statute as applied to the litigant works an unconstitutional deprivation of due process rights. 2 Having resolved these preliminary issues we now reach the question of whether the trial court’s reading of Section 41(c) as requiring the bond amount to be approximately equal to the amount co | 1 | 1992–1992 |
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.