grandfather clause in Pennsylvania

16 Pennsylvania opinions name it 4 courts 1942–2026 2 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 (9)

Case	Followed	Cited
Gunn v. Automobile Insurance Co. of Hartfordgreen pasuperct · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017 2 sentences 2017Co. of Hartford, Connecticut, 971 A.2d 505, 508 (Pa. Super. 2009), quoting Kulp v. Hrivnak, 765 A.2d 796, 798 (Pa. Super. 2000). 2017Co. of Hartford, Connecticut, 971 A.2d 505, 508 (Pa. Super. 2009), quoting Kulp v. Hrivnak, 765 A.2d 796, 798 (Pa. Super. 2000).	2	2
Kulp Ex Rel. Kulp v. Hrivnakgreen pasuperct · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2017–2017 2 sentences 2017Co. of Hartford, Connecticut, 971 A.2d 505, 508 (Pa. Super. 2009), quoting Kulp v. Hrivnak, 765 A.2d 796, 798 (Pa. Super. 2000). 2017Co. of Hartford, Connecticut, 971 A.2d 505, 508 (Pa. Super. 2009), quoting Kulp v. Hrivnak, 765 A.2d 796, 798 (Pa. Super. 2000).	2	2
Tb v. Lrmgreen pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026 1 sentence 2026See Grandfather’s brief at 18-23 (citing T.B. v. L.R.M., 786 A.2d 913 (Pa. 2001); K.W. v. S.L., 157 A.3d 498 (Pa.Super. 2017)).	1	1
Kenworthy v. Burghartgreen pasuperct · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023 1 sentence 2023Similar to the improper testimony regarding Grandfather’s gun ownership, Grandfather complains Dr. Varon’s testimony was admitted “only to cast aspersions concerning [Grandfather] standing for the proposition that [Son’s] symptoms got worse when he had more contact ____________________________________________ v. Burghart, 361 A.2d 335, 338 (Pa.Super. 1976), appeal dismissed, 478 Pa. 20 , 385 A.2d 975 (1978).	1	1
In Re KTELgreen pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017 1 sentence 2017We have, however, accepted Grandfather’s concise statement pursuant to In re K.T.E.L., 983 A.2d 745, 748 (Pa. Super. 2009) (holding that the appellant’s failure to comply strictly with Pa.R.A.P. 1925(a)(2)(i) did not warrant waiver of her claims, as there was no prejudice to any party). -4- J-A01029-17 sua sponte when necessary, whether the appeal is taken from an appealable order.’” Gunn v. Automobile Ins.	1	1
D.M. v. V.B.green pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 1 sentence 2014D.M. v. V.B., 87 A.3d 323, 326-27 (Pa.Super. 2014) (“As Appellant has since rectified the [noncompliance with Rule 1925(a)(2)(i)], we see no prejudice to any party resulting from Appellant's failure to adhere to the procedural rules in this instance, and we shall proceed to review the merits of the appeal.”). -4- J-S73001-14 evidence that Adoptive Mother had a substance abuse issue?” Grandfather’s brief at 4.	1	1
McKinley v. Commonwealthgreen pacommwct · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988 1 sentence 1988Id. at 247, n.4 , 313 A.2d at 183, n.4 .	1	1
COM., DEPT. OF PUBLIC WELFARE v. Woolfgreen pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985 2 sentences 1985See also Department of Public Welfare v. Woolf, 276 Pa. Superior Ct. 433, 438 , 419 A.2d 535, 537-38 (1980) (“In interpreting a statute, it must be construed as an integral part of the whole structure affected and not a separate matter having an independent meaning of its own. ”) Thus, the grandfather clause must not be read put of context. 1985See also Department of Public Welfare v. Woolf, 276 Pa. Superior Ct. 433, 438 , 419 A.2d 535, 537-38 (1980) (“In interpreting a statute, it must be construed as an integral part of the whole structure affected and not a separate matter having an independent meaning of its own. ”) Thus, the grandfather clause must not be read put of context.	1	1
City Transfer Co. v. Public Service Commissiongreen pasuperct · 1928 · cited in 1 Pennsylvania opinions naming this issue, 1942–1942 1 sentence 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 .	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
K.W. v. S.L. green pasuperct · 2017 1 sentence 2026See Grandfather’s brief at 18-23 (citing T.B. v. L.R.M., 786 A.2d 913 (Pa. 2001); K.W. v. S.L., 157 A.3d 498 (Pa.Super. 2017)).	1	2026–2026
Kenworthy v. Burghart green pa · 1978 2 sentences 2023Similar to the improper testimony regarding Grandfather’s gun ownership, Grandfather complains Dr. Varon’s testimony was admitted “only to cast aspersions concerning [Grandfather] standing for the proposition that [Son’s] symptoms got worse when he had more contact ____________________________________________ v. Burghart, 361 A.2d 335, 338 (Pa.Super. 1976), appeal dismissed, 478 Pa. 20 , 385 A.2d 975 (1978). 2023Similar to the improper testimony regarding Grandfather’s gun ownership, Grandfather complains Dr. Varon’s testimony was admitted “only to cast aspersions concerning [Grandfather] standing for the proposition that [Son’s] symptoms got worse when he had more contact ____________________________________________ v. Burghart, 361 A.2d 335, 338 (Pa.Super. 1976), appeal dismissed, 478 Pa. 20 , 385 A.2d 975 (1978).	1	2023–2023
Peake v. Commonwealth green pacommwct · 2015 1 sentence 2018Id. at 521 .	1	2018–2018
Somerset Rural Electric Cooperative Inc. v. Pennsylvania Public Utility Commission neutral pacommwct · 1997 1 sentence 1998Nonetheless, the PUC as fact finder found the evidence sufficient to reach the conclusion that the grandfather clause applies in this case and that Central met its burden with respect thereto. 5 Petitioners have cited Somerset Rural Electric Cooperative Inc. v. Pennsylvania Public Utility Commission, 696 A.2d 251 (Pa.Cmwlth.1997), for the erroneous proposition that the grandfather clause has been overturned.	1	1998–1998
Spicer v. Commonwealth, Department of Public Welfare green pacommwct · 1981 2 sentences 1985Given that an agency’s interpretation of its own regulations is entitled to considerable weight, Spicer v. Department of Public Welfare, 58 Pa. Commonwealth Ct. 558 , 428 A.2d 1008 (1981), and that our scope of review is limited to a determination of whether the Secretary’s adjudication is in accordance with the law, any constitutional rights were violated, or the findings of fact were not supported by substantial evidence, Clingerman Nursing Center v. Department of Public Welfare, 73 Pa. Commonwealth Ct. 470 , 458 A.2d 653 (1983), we will affirm the order of the Secretary. 9 Order The order o 1985Given that an agency’s interpretation of its own regulations is entitled to considerable weight, Spicer v. Department of Public Welfare, 58 Pa. Commonwealth Ct. 558 , 428 A.2d 1008 (1981), and that our scope of review is limited to a determination of whether the Secretary’s adjudication is in accordance with the law, any constitutional rights were violated, or the findings of fact were not supported by substantial evidence, Clingerman Nursing Center v. Department of Public Welfare, 73 Pa. Commonwealth Ct. 470 , 458 A.2d 653 (1983), we will affirm the order of the Secretary. 9 Order The order o	1	1985–1985
Klingerman Nursing Center, Inc. v. Commonwealth green pacommwct · 1983 2 sentences 1985Given that an agency’s interpretation of its own regulations is entitled to considerable weight, Spicer v. Department of Public Welfare, 58 Pa. Commonwealth Ct. 558 , 428 A.2d 1008 (1981), and that our scope of review is limited to a determination of whether the Secretary’s adjudication is in accordance with the law, any constitutional rights were violated, or the findings of fact were not supported by substantial evidence, Clingerman Nursing Center v. Department of Public Welfare, 73 Pa. Commonwealth Ct. 470 , 458 A.2d 653 (1983), we will affirm the order of the Secretary. 9 Order The order o 1985Given that an agency’s interpretation of its own regulations is entitled to considerable weight, Spicer v. Department of Public Welfare, 58 Pa. Commonwealth Ct. 558 , 428 A.2d 1008 (1981), and that our scope of review is limited to a determination of whether the Secretary’s adjudication is in accordance with the law, any constitutional rights were violated, or the findings of fact were not supported by substantial evidence, Clingerman Nursing Center v. Department of Public Welfare, 73 Pa. Commonwealth Ct. 470 , 458 A.2d 653 (1983), we will affirm the order of the Secretary. 9 Order The order o	1	1985–1985
Morey v. Doud red scotus · 1957 2 sentences 1983In upholding the City ordinance the United States Supreme Court explicitly overruled Morey v. Dowd, 354 U.S. 457 , 77 S.Ct. 1344 , 1 L.Ed.2d 1485 (1957). 12 The Dukes Court summarized the equal protection standard as follows: When local economic regulation is challenged solely as violating the Equal Protection Clause, this Court consistently defers to legislative determinations as to the desirability of particular statutory discriminations. 1983In upholding the City ordinance the United States Supreme Court explicitly overruled Morey v. Dowd, 354 U.S. 457 , 77 S.Ct. 1344 , 1 L.Ed.2d 1485 (1957). 12 The Dukes Court summarized the equal protection standard as follows: When local economic regulation is challenged solely as violating the Equal Protection Clause, this Court consistently defers to legislative determinations as to the desirability of particular statutory discriminations.	1	1983–1983
Grime v. Department of Public Instruction green pa · 1936 2 sentences 1976“All old licensees who did not have branch places or, having them, desired additional ones, were denied the right to obtain any new branch licenses.” 324 Pa. at 380 , 188 A. at 341 . 1976“All old licensees who did not have branch places or, having them, desired additional ones, were denied the right to obtain any new branch licenses.” 324 Pa. at 380 , 188 A. at 341 .	1	1976–1976
Gregor J. Schaefer Sons, Inc. v. Watson green nyappdiv · 1966 1 sentence 1968The branch involved in the instant case was permitted by a grandfather clause in the banking code. 6 In Schaefer Sons, Inc. v. Watson, supra, the Appellate Division in New York remanded the record in the case for determinations as to the bank’s activities in the county wherein venue was sought to be placed.	1	1968–1968
General Telephone Co. v. Pennsylvania Public Utility Commission neutral pasuperct · 1960 1 sentence 1965Cf. General Telephone Co. of Penna. v. P. U. C., 192 Pa. Superior Ct. 563, 568 , 161 A. 2d 906 .	1	1965–1965
McDonald v. Thompson green scotus · 1938 2 sentences 1945But in McDonald v. Thompson, 305 U. S. 263 , the opinion by Mr. Justice Butler seems to rule that a carrier operating on June 1, 1935, without authority from the particular State was not in bona fide operation within the meaning of the grandfather clause. 1945But in McDonald v. Thompson, 305 U. S. 263 , the opinion by Mr. Justice Butler seems to rule that a carrier operating on June 1, 1935, without authority from the particular State was not in bona fide operation within the meaning of the grandfather clause.	1	1945–1945
Eichholz v. Public Service Commission of Missouri green scotus · 1939 1 sentence 1945The Eastern Carrier decision, supra, rests upon the opinion of Eicnholz v. Public Service Commission of Missouri et al., 306 U. S. 268 , concerning which the former says (p. 237) : “The language employed by the Supreme Court in the cited case, we think, casts illumination upon the common sense interpretation which must be given to the phrase ‘bona fide operation’ employed in the grandfather clause of the Motor Carrier Act.” This “illumination” is as follows (p. 237) : “ ‘If appellant’s hauling of the merchandise in question across the state line was not in good faith but was a mere subterfuge	1	1945–1945
Hostetter v. Public Service Commission green pasuperct · 1933 2 sentences 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 . 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 .	1	1942–1942
Whinney v. Public Service Commission green pasuperct · 1934 2 sentences 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 . 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 .	1	1942–1942
Mullin's Express v. Public Service Commission neutral pasuperct · 1933 2 sentences 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 . 1942See City Transfer Co. v. P. S. C., 93 Pa. Superior Ct. 210 ; Hostetter v. P. S. C., 110 Pa. Superior Ct. 212 , 168 A. 493 ; Mullin’s Express v. P. S. C., 113 Pa. Superior Ct. 212 , 172 A. 486 ; Whinney v. P. S. C., 116 Pa. Superior Ct. 472 , 176 A. 753 .	1	1942–1942

Where else courts name it

CA 25 (1962–2024) NM 16 (1998–2021) PA 16 (1942–2026) TN 15 (1976–2013) TX 12 (1963–2011) OH 12 (1990–2025) FL 12 (1963–2010) MA 9 (1949–2009) ME 9 (1970–2015) NH 9 (1979–2006) VA 9 (1975–2022) IL 8 (1955–2025) MD 8 (1957–2007) IN 7 (1989–2013) AL 6 (1977–1998) MI 6 (1973–2021) NJ 6 (1969–2002) WI 5 (1986–2021) MS 5 (1963–2018) NY 5 (1973–1992) LA 5 (1979–2005) GA 5 (1988–2023) WV 4 (1990–2026) NC 4 (1952–1997) WA 3 (2006–2007) OR 3 (1976–2022) MT 3 (1934–1982) MN 3 (1979–1995) VT 3 (2005–2021) KY 2 (1992–1999) NV 2 (1983–1994) CT 2 (1988–2012) SC 2 (1975–2020) WY 2 (2005–2014) OK 2 (1968–2003)

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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