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BOROUGH MEDIA AND MEDIA MUNICIPAL AUTHORITY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (01/28/83)

SUPREME COURT OF PENNSYLVANIA


filed: January 28, 1983.

BOROUGH OF MEDIA AND THE MEDIA MUNICIPAL AUTHORITY, APPELLANTS,
v.
THE PENNSYLVANIA PUBLIC UTILITY COMMISSION

Nos. 80-3-731 and 80-3-734, Appeals from Order of Commonwealth Court entered August 21, 1980, at No. 1229 C.D. 1980.53 Pa. Commonwealth Ct. 535, O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ. O'Brien, former C.j., and McDermott, J., did not participate in the decision of this case. Hutchinson, J., files a dissenting opinion in which Flaherty, J., joins.

Author: Per Curiam

[ 500 Pa. Page 325]

ORDER

Order affirmed. 53 Pa. Commw. 535, 419 A.2d 215.

HUTCHINSON, Judge, dissenting.

I dissent. Without discussion, the majority ignores section 9(C) of the Municipalities Authority Act of 1945, Act of May

[ 500 Pa. Page 3262]

, 1945 P.L. 382, as amended, 53 P.S. ยง 311. Section 9(C) provides:

This section, without reference to any other law, shall be deemed complete for the acquisition, by agreement, of projects, as defined in this act . . . any provisions of other laws to the contrary notwithstanding, and no proceedings or other action shall be required except as herein prescribed.

That language and its legislative history show a plain legislative intent to deprive the Public Utilities Commission of jurisdiction over the transfer of utility facilities to a municipal authority. That decision may be unwise. However, in the absence of a constitutional problem, it is within the province of the legislature and not our power to ignore it.

19830128

© 1998 VersusLaw Inc.



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