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MIDLAND HEIGHTS HOMES v. COMMONWEALTH PENNSYLVANIA (06/05/78)

decided: June 5, 1978.

MIDLAND HEIGHTS HOMES, INC., APPELLANT AT NO. 138,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HUMAN RELATIONS COMMISSION, APPELLANT AT NO. 139



No. 138-139 March Term, 1977, Appeal from the Order of the Commonwealth Court filed March 7, 1975, at No. 545 C.D. 1974, modifying the Order of the Pennsylvania Human Relations Commission dated January 28, 1974 at Docket No. H-1377.

COUNSEL

Joseph M. Stanichak, Aliquippa, for appellant in No. 138.

Katherine H. Fein, Cheryl L. Allen, Pittsburgh, for appellant in No. 139.

Katherine H. Fein, Cheryl L. Allen, Asst. Attys. Gen., Pa. Human Relations Commission, Pittsburgh, for appellee in No. 138.

Joseph M. Stanichak, Aliquippa, for appellee in No. 139.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., filed a concurring and dissenting opinion. Roberts, J., filed a dissenting opinion in which Nix, J., joined.

Author: Per Curiam

[ 478 Pa. Page 626]

OPINION OF THE COURT

Order affirmed.

[ 478 Pa. Page 627]

MANDERINO, Justice, concurring and dissenting.

I agree with the Court that the Human Relations Commission did not exceed its statutory authority in ordering respondent, among other things, to maintain records of applicants by race and draft standards by which to review applicants for acceptance or rejection. I also agree with the Court that the record contains sufficient evidence from which to conclude respondent had engaged in unlawful discriminatory practices.

I must once again dissent, however, from the Court's holding that the Human Relations Commission has no statutory authority to award compensatory damages to persons genuinely injured by unlawful discrimination. See my dissenting opinion in Pennsylvania Human Relations Commission ...


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