Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 7541 (2026)

Construction of subchapter.

✓ current as of May 2026

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§ 7541. Construction of subchapter.

(a) General rule.--This subchapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and is to be liberally construed and administered.

(b) Effect of alternative remedy.--The General Assembly finds and determines that the principle rendering declaratory relief unavailable in circumstances where an action at law or in equity or a special statutory remedy is available has unreasonably limited the availability of declaratory relief and such principle is hereby abolished. The availability of declaratory relief shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory remedy preferred over common law) and the remedy provided by this subchapter shall be additional and cumulative to all other available remedies except as provided in subsection (c). Where another remedy is available the election of the declaratory judgment remedy rather than another available remedy shall not affect the substantive rights of the parties, and the court may pursuant to general rules change venue, require additional pleadings, fix the order of discovery and proof, and take such other action as may be required in the interest of justice.

(c) Exceptions.--Relief shall not be available under this subchapter with respect to any:

(1) Action wherein a divorce or annulment of marriage is sought except as provided by 23 Pa.C.S. § 3306 (relating to proceedings to determine marital status).

(2) Proceeding within the exclusive jurisdiction of a tribunal other than a court.

(3) Proceeding involving an appeal from an order of a tribunal.

(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)

1990 Amendment. Act 206 amended subsec. (c).

Cross References. Section 7541 is referred to in section 7537 of this title.

Notes of Decisions

Cited in 223 cases (50 in the last 5 years), 1979–2026 · leading case: Governor's Off. v. Off. of Open Records, Aplt., 98 A.3d 1223 (Pa. 2014).

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Governor's Off. v. Off. of Open Records, Aplt., 98 A.3d 1223 (Pa. 2014). · cites it 5× “Moreover, notwithstanding that the OOR is a quasi-judicial tribunal, we further held that it was an indispensable and proper party to an action brought under the Declaratory Judgment Act, 42 Pa.C.S. § 7541(a), seeking an order regarding its interpretation of the RTKL,…”

Mosaica Academy Charter Sch. v. Commonwealth, Dep't of Educ., 813 A.2d 813 (Pa. 2002). · cites it 4× “" 42 Pa.C.S. § 7541(a). The court further noted that the Act provides for "supplemental relief" in Section 7538 and permits the court to "take such other action as may be required in the interest of justice," pursuant to Section 7541(b), the same provisions relied upon by the…”

J. Markham v. Thomas W. Wolf, 147 A.3d 1259 (Pa. Commw. Ct. 2016). · cites it 4× “” 42 Pa. C.S. §7541. Declaratory judgment as to the rights, status or legal relationships is appropriate only where there exists an actual controversy.”

Allegheny Sportsmen's League v. Ridge, 790 A.2d 350 (Pa. Commw. Ct. 2002). · cites it 6× “Section 7541 of the Pennsylvania Declaratory Judgment Act (DJA), 42 Pa.C.S. § 7541, which was enacted in 1976, has superseded Mains .”

Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). · cites it 2× “” 42 Pa.C.S. § 7541(a). According to the Declaratory Judgment Act, “[t]he General Assembly finds and determines that the principle rendering declaratory relief unavailable in circumstances where an action at law or in equity or a special statutory remedy is available has…”

Pittsburgh Palisades Park, LLC v. Commonwealth, 888 A.2d 655 (Pa. 2005). · cites it 2× “In this regard, there seems to me to be a widening tension between the policies underlying the Declaratory Judgment Act, which is to be liberally applied to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, see 42 Pa.”

Pennsylvania State Educ. Ass'n v. Commonwealth, 50 A.3d 1263 (Pa. 2012). · cites it 4× “Hence, because they do not have the right to participate in any statutory procedure in which them claims could be adjudicated and because the OOR is an indispensable Commonwealth party, Appellants conclude that a declaratory judgment action is appropriate, see 42 Pa. C.S. §…”

Rendell v. Pennsylvania State Ethics Comm'n, 983 A.2d 708 (Pa. 2009). · cites it 2× “" 42 Pa.C.S. § 7541(a). A "remedial law" provides "means to enforce rights or redress injuries.”

Blackwell v. Pa. St. Ethics Comm., 556 A.2d 988 (Pa. Commw. Ct. 1989). · cites it 6× “" 42 Pa. C. S. §7541(a). Subsection (b) of Section 7541 states that "the remedy provided by this subchapter shall be additional and cumulative to all other available remedies except as provided in subsection (c).”

Pennsylvania State Educ. Ass'n ex rel. Wilson v. Commonwealth, Dep't of Cmty. & Econ. Dev., 148 A.3d 142 (Pa. 2016). “at 1162-63 (citing 42 Pa.C.S. § 7541(c)(2)). In particular, the majority explained that by statute (65 P.”

Cnty. of Berks v. PA OOR & ALDEA - The People's Just. Ctr., 204 A.3d 534 (Pa. Commw. Ct. 2019). · cites it 2× “) 13 Thus, the County's concerns regarding the necessity of a single declaratory judgment action with statewide effect to prevent piecemeal, duplicative litigation in various courts of common pleas are no longer present in this dispute.”

Larry Pitt & Assocs., P.C. v. Butler, 785 A.2d 1092 (Pa. Commw. Ct. 2001). · cites it 6× “" 42 Pa.C.S. § 7541(c)(2). With respect to Section 7541(c)(2), this Court has stated: The exhaustion of administrative remedies requirement is a judge-made rule intended to prevent premature judicial intervention into the administrative process.”

Show all 223 citing cases →

— 42 Pa. Cons. Stat. § 7541(a) — 117 cases

Governor's Off. v. Off. of Open Records, Aplt., 98 A.3d 1223 (Pa. 2014). “Moreover, notwithstanding that the OOR is a quasi-judicial tribunal, we further held that it was an indispensable and proper party to an action brought under the Declaratory Judgment Act, 42 Pa.C.S. § 7541(a), seeking an order regarding its interpretation of the RTKL,…”

Pittsburgh Palisades Park, LLC v. Commonwealth, 888 A.2d 655 (Pa. 2005). “In this regard, there seems to me to be a widening tension between the policies underlying the Declaratory Judgment Act, which is to be liberally applied to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, see 42 Pa.”

Rendell v. Pennsylvania State Ethics Comm'n, 983 A.2d 708 (Pa. 2009). “" 42 Pa.C.S. § 7541(a). A "remedial law" provides "means to enforce rights or redress injuries.”

Mosaica Academy Charter Sch. v. Commonwealth, Dep't of Educ., 813 A.2d 813 (Pa. 2002). “" 42 Pa.C.S. § 7541(a). The court further noted that the Act provides for "supplemental relief" in Section 7538 and permits the court to "take such other action as may be required in the interest of justice," pursuant to Section 7541(b), the same provisions relied upon by the…”

J. Markham v. Thomas W. Wolf, 147 A.3d 1259 (Pa. Commw. Ct. 2016). “” 42 Pa. C.S. §7541. Declaratory judgment as to the rights, status or legal relationships is appropriate only where there exists an actual controversy.”

— 42 Pa. Cons. Stat. § 7541(a)(2) — 1 case

Pennsylvania State Lodge of the Fraternal Order of Police v. Commonwealth, 535 A.2d 270 (Pa. Commw. Ct. 1987).

— 42 Pa. Cons. Stat. § 7541(a)(b) — 1 case

East Lampeter Twp. v. Cnty. of Lancaster, 696 A.2d 884 (Pa. Commw. Ct. 1997).

— 42 Pa. Cons. Stat. § 7541(b) — 20 cases

Kowenhoven v. Cnty. of Allegheny, 901 A.2d 1003 (Pa. 2006).

Robinson Twp. v. Commonwealth, 83 A.3d 901 (Pa. 2013). “” 42 Pa.C.S. § 7541(a). According to the Declaratory Judgment Act, “[t]he General Assembly finds and determines that the principle rendering declaratory relief unavailable in circumstances where an action at law or in equity or a special statutory remedy is available has…”

Bottomer v. Progressive Cas. Ins., 816 A.2d 1172 (Pa. Super. Ct. 2003).

Robinson Twp. v. Commonwealth, 147 A.3d 536 (Pa. 2016).

— 42 Pa. Cons. Stat. § 7541(b)(c) — 1 case

Neshaminy Water Resources Auth. v. Commonwealth, 498 A.2d 1000 (Pa. Commw. Ct. 1985).

— 42 Pa. Cons. Stat. § 7541(c) — 20 cases

Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013).

Pennsylvania State Educ. Ass'n v. Commonwealth, 50 A.3d 1263 (Pa. 2012). “Hence, because they do not have the right to participate in any statutory procedure in which them claims could be adjudicated and because the OOR is an indispensable Commonwealth party, Appellants conclude that a declaratory judgment action is appropriate, see 42 Pa. C.S. §…”

EQT Prod. Co. v. Dep't of Env't Prot., 130 A.3d 752 (Pa. 2015).

Cherry v. City of Philadelphia, 692 A.2d 1082 (Pa. 1997).

Blackwell v. Pa. St. Ethics Comm., 556 A.2d 988 (Pa. Commw. Ct. 1989). “" 42 Pa. C. S. §7541(a). Subsection (b) of Section 7541 states that "the remedy provided by this subchapter shall be additional and cumulative to all other available remedies except as provided in subsection (c).”

— 42 Pa. Cons. Stat. § 7541(c)(1) — 3 cases

Feather, J. v. Feather, K., 2025 Pa. Super. 256 (Pa. Super. Ct. 2025).

Barnes v. Barnes, 47 Pa. D. & C.3d 160 (1986).

Howard v. Howard, 49 Pa. D. & C.3d 433 (1987).

— 42 Pa. Cons. Stat. § 7541(c)(2) — 45 cases

Larry Pitt & Assocs., P.C. v. Butler, 785 A.2d 1092 (Pa. Commw. Ct. 2001). “" 42 Pa.C.S. § 7541(c)(2). With respect to Section 7541(c)(2), this Court has stated: The exhaustion of administrative remedies requirement is a judge-made rule intended to prevent premature judicial intervention into the administrative process.”

EQT Prod. Co. v. Dep't of Env't Prot., 130 A.3d 752 (Pa. 2015).

East Coast Vapor, LLC v. PA Dep't of Revenue, 189 A.3d 504 (Pa. Commw. Ct. 2018).

— 42 Pa. Cons. Stat. § 7541(c)(3) — 15 cases

Cnty. of Berks v. PA OOR & ALDEA - The People's Just. Ctr., 204 A.3d 534 (Pa. Commw. Ct. 2019). “) 13 Thus, the County's concerns regarding the necessity of a single declaratory judgment action with statewide effect to prevent piecemeal, duplicative litigation in various courts of common pleas are no longer present in this dispute.”

Pub. Advocate v. Brunwasser, 22 A.3d 261 (Pa. Commw. Ct. 2011).

Pa Sch. Boards Ass'n, Inc. v. Zogby, 802 A.2d 6 (Pa. Commw. Ct. 2002).

Prudential Prop. & Cas. Ins. v. McDaniel, 493 A.2d 731 (Pa. 1985).

— 42 Pa. Cons. Stat. § 7541(c)(l) — 1 case

Chrin v. Chrin, 42 Pa. D. & C.3d 229 (1985).

— 42 Pa. Cons. Stat. § 7541(e)(2) — 1 case

Faldowski v. Eighty Four Mining Co., 725 A.2d 843 (Pa. Commw. Ct. 1999).

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