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PENNSYLVANIA HUMAN RELATIONS COMMISSION v. ST. ANDREWS DEVELOPMENT CO. (05/08/78)

decided: May 8, 1978.

PENNSYLVANIA HUMAN RELATIONS COMMISSION, APPELLANT,
v.
ST. ANDREWS DEVELOPMENT CO., INC., D/B/A GOVERNOURS PLACE APARTMENTS, ARTHUR NEMROFF, PRESIDENT AND MARY ELLIOT, RENTAL AGENCY, APPELLEES



No. 32 May Term, 1974, Appeal from the decision of the Commonwealth Court of Pennsylvania at No. 32 C.D. 1973 Modifying the order of the Pennsylvania Human Relations Commission dated December 26, 1972, at Docket No. H-1627.

COUNSEL

Sanford Kahn, Pa. Human Relations Com., Harrisburg, for appellant.

Harry B. Goldberg, Harrisburg, for appellees.

Eagen, C. J., and O'Brien, Pomeroy, Roberts, Nix, Manderino and Larsen, JJ. Manderino, J., filed a Concurring Opinion. Pomeroy, J., concurs in the result. Roberts, J., filed a dissenting opinion in which Nix, J., joins.

Author: Per Curiam

[ 478 Pa. Page 568]

OPINION

On November 15, 1971, Geraldine Cobb and her mother, Martha Cobb, filed a complaint with the Pennsylvania Human Relations Commission charging that the Governours Place Apartments had refused to rent them an apartment because of their race. Pursuant to the procedures set forth

[ 478 Pa. Page 569]

    in the Pennsylvania Human Relations Act,*fn1 the Commission found that the Governours Place Apartments had engaged in unlawful discrimination and on December 26, 1972, ordered them to take certain corrective actions. GPA appealed the Commission's order to Commonwealth Court, which held that there was not substantial evidence to support the Commission's finding of unlawful discrimination.*fn2 A petition for allowance of appeal to this Court was then filed by the Commission and granted on October 18, 1973.

The Commission argues that their adjudication of unlawful discrimination was supported by substantial evidence and that the Commonwealth Court erred in setting aside their December 26, 1972 order. We have reviewed the record and find that there is not substantial evidence to support the Commission's finding of unlawful discrimination.

The order of the Commonwealth Court is affirmed.

MANDERINO, Justice, concurring.

I agree with the majority that there was insufficient evidence to support the Commission's finding of unlawful discrimination. The issue of the Commission's power to award damages need not be reached in this case. See Pennsylvania Human Relations Commission v. Straw, 478 Pa. ...


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