Petition No. 102 W.D.Misc.Dkt. 1980, for Extraordinary Relief and Application to Review and Vacate the April 11, 1980, Order of Mr. Justice Larsen.
Thomas J. Dempsey, Pittsburgh, for petitioners.
George R. Specter, Philip Baskin, John O. Wicks, Dante Pellegrini, Asst. City Sol., Pittsburgh, for respondents.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Roberts, J., filed a statement. Larsen, J., filed a dissenting statement. Flaherty, J., filed a dissenting statement.
This controversy has not yet reached the stage where the Supreme Court of Pennsylvania should intervene. Hence, the Petition for Extraordinary Relief is denied.
The Application to Review the Order entered by Mr. Justice Larsen on April 11, 1980, is granted and that Order is vacated.
It is with the understanding that the issues petitioners present to this Court will be entertained in the Commonwealth Court on the appeals pending there that I agree to this Court's abstention from the exercise of its extraordinary jurisdiction. See Price v. Philadelphia Parking Authority, 422 Pa. 317, 221 A.2d 138 (1966); Crawford v. Redevelopment Authority, 418 Pa. 549, 211 A.2d 866 (1965).
LARSEN, Justice, dissenting.
I dissent; the plaintiff-property owners have never had their day in court. All attempts by plaintiffs to litigate their various issues have ...