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DEPARTMENT TRANSPORTATION v. WILLIAMS (12/10/71)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: December 10, 1971.

DEPARTMENT OF TRANSPORTATION
v.
WILLIAMS

Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Commonwealth of Pennsylvania, Department of Transportation, v. Samuel L. Williams, No. SA-248 of 1971.

COUNSEL

David A. Johnston, Jr., Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

No appearance for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 3 Pa. Commw. Page 531]

This is an appeal from an Order of the Court of Common Pleas of Allegheny County, dated May 11, 1971, which sustained the appeal of Samuel L. Williams from a suspension of six months imposed by the Secretary of Transportation.

The problem that confronts this Court is the failure of the lower court to conduct a proper hearing as a result of which it is impossible to decide the issue before us on appeal. More precisely, as a result of an improperly terminated hearing,*fn1 the Commonwealth was not allowed to present testimony or place in evidence the necessary information to show the basis for the suspension imposed by the Secretary of Transportation.

Inasmuch as this case must be remanded for a proper hearing, it is also noted that the lower court failed

[ 3 Pa. Commw. Page 532]

    to make the requisite findings of fact which this Court has prescribed for appeals of this nature. In Re: Appeal of John Robert Horvath, 1 Pa. Commonwealth Ct. 353, 274 A.2d 776 (1971); Commonwealth of Pennsylvania v. Robert Frank Milspaw, 1 Pa. Commonwealth Ct. 376, 274 A.2d 777 (1971); Commonwealth v. Silverman, 2 Pa. Commonwealth Ct. 538, 279 A.2d 83 (1971).

Therefore, in keeping with this opinion, we issue the following

Order

Now, December 10, 1971, this case is remanded to the Court of Common Pleas of Allegheny County for disposition not inconsistent with the above opinion.

Disposition

Remanded.


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