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COMMONWEALTH PENNSYLVANIA EX REL. ALLEGHENY COUNTY HEALTH DEPARTMENT v. UNIVERSITY PITTSBURGH (09/27/76)

decided: September 27, 1976.

COMMONWEALTH OF PENNSYLVANIA EX REL. ALLEGHENY COUNTY HEALTH DEPARTMENT, BUREAU OF AIR POLLUTION CONTROL, APPELLANT
v.
UNIVERSITY OF PITTSBURGH, APPELLEE



Appeal from the Order of the Court of Common Pleas in case of Commonwealth of Pennsylvania ex rel. Allegheny County Health Department, Bureau of Air Pollution Control v. University of Pittsburgh, No. SA 1238 of 1975.

COUNSEL

Alexander J. Jaffurs, County Solicitor, with him James D. Belliveau, Special Assistant County Solicitor, for appellant.

Frank J. Lucchino, with him Lucchino, Gaitens & Hough, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 26 Pa. Commw. Page 376]

The issue before us is the adjudication of a petition to transfer by the appellee University of Pittsburgh. The appellant Commonwealth brought this action before a district justice alleging that the appellee had violated Article XVIII of the Rules and Regulations of the Allegheny County Health Department's Bureau of Air Pollution Control. A guilty verdict was reversed by the Allegheny County Court of Common Pleas. Upon appellant's appeal to this Court, appellee filed its petition alleging that jurisdiction over

[ 26 Pa. Commw. Page 377]

    the appeal properly lies in the Superior Court. We deny the petition.

Our jurisdiction over the appeal is clearly established by Section 402(4) of the Appellate Court Jurisdiction Act.*fn1 That section reads:

"The Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in any of the following cases . . . .

"(4) All actions or proceedings arising under any county, institution district, city, borough, incorporated town, township, 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 (i) any act of the General Assembly 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, or (ii) any home rule charter or local ordinance or resolution:"

The appeal sought to be transferred is from a final order of a court of common pleas concerning the enforcement of a county anti-pollution ordinance. Section 402(4) is therefore dispositive.

Appellee's contention that we lack jurisdiction is based upon the premise that the action is not grounded on the local ordinance at all. Appellee argues that because the Air Pollution Control Act*fn2 prescribes the penalty for the offense alleged, the Act is the law upon which the action is brought. ...


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