§ 762. Appeals from courts of common pleas.
(a) General rule.--Except as provided in subsection (b), the Commonwealth Court shall have exclusive
jurisdiction of appeals from final orders of the courts of common pleas in the following
cases:
(1) Commonwealth civil cases.--All civil actions or proceedings:
(i) Original jurisdiction of which is vested in another tribunal by virtue of any of the
exceptions to section 761(a)(1) (relating to original jurisdiction), except actions
or proceedings in the nature of applications for a writ of habeas corpus or post-conviction
relief not ancillary to proceedings within the appellate jurisdiction of the court.
(ii) By the Commonwealth government, including any officer thereof acting in his official
capacity.
(2) Governmental and Commonwealth regulatory criminal cases.--All criminal actions or proceedings for the violation of any:
(i) Rule, regulation or order of any Commonwealth agency.
(ii) Regulatory statute administered by any Commonwealth agency subject to Subchapter A
of Chapter 5 of Title 2 (relating to practice and procedure of Commonwealth agencies).
The term "regulatory statute" as used in this subparagraph does not include any provision
of Title 18 (relating to crimes and offenses).
(3) Secondary review of certain appeals from Commonwealth agencies.--All appeals from Commonwealth agencies which may be taken initially to the courts
of common pleas under section 933 (relating to appeals from government agencies).
(4) Local government civil and criminal matters.--
(i) All actions or proceedings arising under any municipality, institution district, public
school, planning or zoning code or under which a municipality or other political subdivision
or municipality authority may be formed or incorporated or where is drawn in question
the application, interpretation or enforcement of any:
(A) statute regulating the affairs of political subdivisions, municipality and other local
authorities or other public corporations or of the officers, employees or agents thereof,
acting in their official capacity;
(B) home rule charter or local ordinance or resolution; or
(C) statute relating to elections, campaign financing or other election procedures.
(ii) All appeals from government agencies other than Commonwealth agencies decided under
section 933 or otherwise.
(5) Certain private corporation matters.--
(i) All actions or proceedings relating to corporations not-for-profit arising under Title
15 (relating to corporations and unincorporated associations) or where is drawn in
question the application, interpretation or enforcement of any provision of the Constitution,
treaties or laws of the United States, or the Constitution of Pennsylvania or any
statute, regulating in any such case the corporate affairs of any corporation not-for-profit
subject to Title 15 or the affairs of the members, security holders, directors, officers,
employees or agents thereof, as such.
(ii) All actions or proceedings otherwise involving the corporate affairs of any corporation
not-for-profit subject to Title 15 or the affairs of the members, security holders,
directors, officers, or employees or agents thereof, as such.
(6) Eminent domain.--All eminent domain proceedings or where is drawn in question the power or right of
the acquiring agency to appropriate the condemned property or to use it for the purpose
condemned or otherwise.
(7) Immunity waiver matters.--Matters conducted pursuant to Subchapter C of Chapter 85 (relating to actions against
local parties).
(b) Exception.--The Commonwealth Court shall not have jurisdiction of such classes of appeals from
courts of common pleas as are by section 722 (relating to direct appeals from courts
of common pleas) within the exclusive jurisdiction of the Supreme Court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff.
imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189,
eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended subsec. (a), retroactive to December 5, 1980, as to subsec. (a)(1)(ii).
Cross References. Section 762 is referred to in section 933 of this title.
Notes of Decisions
James J. Gory Mechanical Contracting, Inc. v. Philadelphia Housing Authority (2004)
pa · cites it 6×
“On September 19, 2001, however, the Commonwealth Court entered an order stating: "[I]t appearing that this is a breach of contract dispute and as such is not within the jurisdiction of this court, 42 Pa.C.S. § 762, this matter is transferred to the Superior Court of Pennsylvania.”
Joseph v. Glunt (2014)
pasuperct · cites it 3×
“Additionally, 42 Pa.C.S. § 762, which sets forth the exclusive appellate jurisdiction of the Commonwealth Court, specifically excludes "applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court.”
In Re Milton Hershey School Trust (2002)
pacommwct · cites it 6×
“Jurisdiction The Commonwealth Court's jurisdiction over appeals from the courts of common pleas is set forth in 42 Pa.C.S. § 762. Any appeal that is not, by statute, taken to the Commonwealth Court or to the Supreme Court under 42 Pa.”
In Re Administrative Order No. 1-Md-2003 (2007)
pa · cites it 3×
“42 Pa.C.S. § 762. Judge Mary Hannah Leavitt filed a lone dissent contending that Troutman had standing to challenge the Order, but that the Court of Common Pleas of Berks County and the Commonwealth Court lacked jurisdiction over the matter.”
Medical Shoppe, Ltd. v. Wayne Memorial Hospital (2005)
pacommwct · cites it 6×
“Section 762 of the Judicial Code, 42 Pa.C.S. § 762, confers jurisdiction in this Court to consider appeals from the final orders of the courts of common pleas in cases involving the Commonwealth government, its officers and local government matters.”
Troutman v. Court of Common Pleas of Berks County (2007)
pa · cites it 3×
“42 Pa.C.S. § 762. Judge Mary Hannah Leavitt filed a lone dissent contending that Troutman had standing to challenge the Order, but that the Court of Common Pleas of Berks County and the Commonwealth Court lacked jurisdiction over the matter.”
Wag-Myr Woodlands Homeowners Ass'n v. Guiswite (2018)
pasuperct · cites it 3×
“Of relevance to this appeal, the Commonwealth Court has "exclusive jurisdiction of appeals from final orders of the courts of common pleas" in (i) All actions or proceedings relating to corporations not-for-profit arising under Title 15 (relating to corporations and…”
Stackhouse v. Commonwealth (2003)
pa · cites it 2×
“42 Pa.C.S. § 762(a)(1)®. Applying the preclusive effect of appellate jurisdiction described in Lindberg , the Commonwealth Court does not have jurisdiction to hear monetary claims; rather, that court is responsible for the appellate review of such an action.”
Smith v. Ivy Lee Real Estate, LLC (2016)
pasuperct · cites it 2×
“Section 762(a)(4)(i)(A) of the Judicial Code provides that the Commonwealth Court has “exclusive jurisdiction” over appeals from the courts of common pleas in “[a]ll actions or proceedings ... where is drawn in question the application, interpretation or enforcement of any .”
Lichtman v. Glazer (2015)
pacommwct · cites it 2×
“751; 42 Pa. C.S. § 762(a)(7). In making this argument, Appellant misconstrues the citations in Superior Court’s order as rulings that affected the outcome of this matter.”
Fraport Pittsburgh v. Allegheny County Airport (2023)
pasuperct · cites it 2×
“(See ACAA’s Brief, at 3; citing 42 Pa.C.S. § 762(a)(1), (4)). While Section 762 of the Judicial Code provides for the Commonwealth Court’s exclusive appellate jurisdiction over civil cases “by the Commonwealth government,” municipal and other local authorities such as ACAA are…”
— 42 Pa. Cons. Stat. § 762(2) — 1 case
— 42 Pa. Cons. Stat. § 762(3) — 1 case
— 42 Pa. Cons. Stat. § 762(4) — 2 cases
— 42 Pa. Cons. Stat. § 762(4)(i)(B) — 1 case
— 42 Pa. Cons. Stat. § 762(5) — 2 cases
— 42 Pa. Cons. Stat. § 762(5)(ii) — 1 case
Medical Shoppe, Ltd. v. Wayne Memorial Hospital (2005)
pacommwct
“Section 762 of the Judicial Code, 42 Pa.C.S. § 762, confers jurisdiction in this Court to consider appeals from the final orders of the courts of common pleas in cases involving the Commonwealth government, its officers and local government matters.”
— 42 Pa. Cons. Stat. § 762(a) — 54 cases
— 42 Pa. Cons. Stat. § 762(a)(1) — 17 cases
Fraport Pittsburgh v. Allegheny County Airport (2023)
pasuperct
“(See ACAA’s Brief, at 3; citing 42 Pa.C.S. § 762(a)(1), (4)). While Section 762 of the Judicial Code provides for the Commonwealth Court’s exclusive appellate jurisdiction over civil cases “by the Commonwealth government,” municipal and other local authorities such as ACAA are…”
Stackhouse v. Commonwealth (2003)
pa
“42 Pa.C.S. § 762(a)(1)®. Applying the preclusive effect of appellate jurisdiction described in Lindberg , the Commonwealth Court does not have jurisdiction to hear monetary claims; rather, that court is responsible for the appellate review of such an action.”
— 42 Pa. Cons. Stat. § 762(a)(1)(h) — 5 cases
In Re Milton Hershey School Trust (2002)
pacommwct
“Jurisdiction The Commonwealth Court's jurisdiction over appeals from the courts of common pleas is set forth in 42 Pa.C.S. § 762. Any appeal that is not, by statute, taken to the Commonwealth Court or to the Supreme Court under 42 Pa.”
Troutman v. Court of Common Pleas of Berks County (2007)
pa
“42 Pa.C.S. § 762. Judge Mary Hannah Leavitt filed a lone dissent contending that Troutman had standing to challenge the Order, but that the Court of Common Pleas of Berks County and the Commonwealth Court lacked jurisdiction over the matter.”
— 42 Pa. Cons. Stat. § 762(a)(1)(i) — 15 cases
Stackhouse v. Commonwealth (2003)
pa
“42 Pa.C.S. § 762(a)(1)®. Applying the preclusive effect of appellate jurisdiction described in Lindberg , the Commonwealth Court does not have jurisdiction to hear monetary claims; rather, that court is responsible for the appellate review of such an action.”
— 42 Pa. Cons. Stat. § 762(a)(1)(ii) — 11 cases
In Re Milton Hershey School Trust (2002)
pacommwct
“Jurisdiction The Commonwealth Court's jurisdiction over appeals from the courts of common pleas is set forth in 42 Pa.C.S. § 762. Any appeal that is not, by statute, taken to the Commonwealth Court or to the Supreme Court under 42 Pa.”
In Re Administrative Order No. 1-Md-2003 (2007)
pa
“42 Pa.C.S. § 762. Judge Mary Hannah Leavitt filed a lone dissent contending that Troutman had standing to challenge the Order, but that the Court of Common Pleas of Berks County and the Commonwealth Court lacked jurisdiction over the matter.”
— 42 Pa. Cons. Stat. § 762(a)(2) — 9 cases
— 42 Pa. Cons. Stat. § 762(a)(2)(H) — 1 case
— 42 Pa. Cons. Stat. § 762(a)(2)(h) — 6 cases
— 42 Pa. Cons. Stat. § 762(a)(2)(i) — 1 case
— 42 Pa. Cons. Stat. § 762(a)(2)(ii) — 9 cases
— 42 Pa. Cons. Stat. § 762(a)(3) — 25 cases
— 42 Pa. Cons. Stat. § 762(a)(4) — 46 cases
— 42 Pa. Cons. Stat. § 762(a)(4)(A) — 1 case
— 42 Pa. Cons. Stat. § 762(a)(4)(i) — 13 cases
— 42 Pa. Cons. Stat. § 762(a)(4)(i)(A) — 20 cases
Smith v. Ivy Lee Real Estate, LLC (2016)
pasuperct
“Section 762(a)(4)(i)(A) of the Judicial Code provides that the Commonwealth Court has “exclusive jurisdiction” over appeals from the courts of common pleas in “[a]ll actions or proceedings ... where is drawn in question the application, interpretation or enforcement of any .”
— 42 Pa. Cons. Stat. § 762(a)(4)(i)(B) — 14 cases
— 42 Pa. Cons. Stat. § 762(a)(4)(i)(C) — 13 cases
— 42 Pa. Cons. Stat. § 762(a)(4)(i)(c) — 1 case
— 42 Pa. Cons. Stat. § 762(a)(4)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 762(a)(5) — 36 cases
Wag-Myr Woodlands Homeowners Ass'n v. Guiswite (2018)
pasuperct
“Of relevance to this appeal, the Commonwealth Court has "exclusive jurisdiction of appeals from final orders of the courts of common pleas" in (i) All actions or proceedings relating to corporations not-for-profit arising under Title 15 (relating to corporations and…”
Medical Shoppe, Ltd. v. Wayne Memorial Hospital (2005)
pacommwct
“Section 762 of the Judicial Code, 42 Pa.C.S. § 762, confers jurisdiction in this Court to consider appeals from the final orders of the courts of common pleas in cases involving the Commonwealth government, its officers and local government matters.”
— 42 Pa. Cons. Stat. § 762(a)(5)(i) — 2 cases
Medical Shoppe, Ltd. v. Wayne Memorial Hospital (2005)
pacommwct
“Section 762 of the Judicial Code, 42 Pa.C.S. § 762, confers jurisdiction in this Court to consider appeals from the final orders of the courts of common pleas in cases involving the Commonwealth government, its officers and local government matters.”
— 42 Pa. Cons. Stat. § 762(a)(5)(i1) — 1 case
— 42 Pa. Cons. Stat. § 762(a)(5)(ii) — 8 cases
Medical Shoppe, Ltd. v. Wayne Memorial Hospital (2005)
pacommwct
“Section 762 of the Judicial Code, 42 Pa.C.S. § 762, confers jurisdiction in this Court to consider appeals from the final orders of the courts of common pleas in cases involving the Commonwealth government, its officers and local government matters.”
— 42 Pa. Cons. Stat. § 762(a)(6) — 7 cases
— 42 Pa. Cons. Stat. § 762(a)(7) — 22 cases
Lichtman v. Glazer (2015)
pacommwct
“751; 42 Pa. C.S. § 762(a)(7). In making this argument, Appellant misconstrues the citations in Superior Court’s order as rulings that affected the outcome of this matter.”
— 42 Pa. Cons. Stat. § 762(a)(l) — 3 cases
— 42 Pa. Cons. Stat. § 762(a)(l)(i) — 3 cases
Joseph v. Glunt (2014)
pasuperct
“Additionally, 42 Pa.C.S. § 762, which sets forth the exclusive appellate jurisdiction of the Commonwealth Court, specifically excludes "applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court.”
— 42 Pa. Cons. Stat. § 762(a)(l)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 762(b) — 4 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.