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COCO BROS. v. BOARD PUBLIC EDUCATION SCHOOL DISTRICT PITTSBURGH (03/21/89)

filed: March 21, 1989.

COCO BROS., INC., APPELLANT,
v.
THE BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH, APPELLEE



Appeal from the Order entered March 23, 1988 in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD87-14840.

COUNSEL

James R. Cooney, Pittsburgh, for appellant.

Marvin A. Fein, Pittsburgh, for appellee.

Rowley, Del Sole and Montgomery, JJ.

Author: Del Sole

[ 383 Pa. Super. Page 29]

Appellant appeals a trial court order which denied its petition for writ of mandamus. Because of the nature of

[ 383 Pa. Super. Page 30]

    this appeal, we find it necessary to transfer this case to the Commonwealth Court for resolution.

The applicable section of the Judicial Code establishes the appellate jurisdiction of the Commonwealth Court in cases concerning local government matters. It provides:

ยง 762. Appeals from the courts of common pleas

(a) General rule. -- Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases:

(4) Local government civil and criminal matters. --

(i) All actions or proceedings arising under any municipality, institution district, public school, planning or zoning code . . . or where is drawn in question the ...


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