Tuesday, February 09, 2010

procedure - standing - mootness

Finn v. Rendell - Commonwealth Court - February 2, 2010


http://www.pacourts.us/OpPosting/Cwealth/out/505MD09_2-9-10.pdf

County sued the governor, general assembly, and state treasurer for reimbursement for percentage of country DA's salary, which state was to pay under the county code, 16 P.S. § 1401(p).

standing - The court held that the county had standing to bring the action. "One seeking judicial resolution of a dispute must satisfy a threshold requirement of standing to bring the action by demonstrating a substantial, direct and immediate interest in the outcome of the litigation. Pittsburgh Palisades Park, LLC v. Commonwealth, 585 Pa. 196, 888 A.2d 655 (2005). A substantial interest is an interest exceeding the interest of all citizens in procuring obedience to the law; an interest is direct if there is a causal connection between the asserted violation and the harm complained of; an interest is immediate if the causal connection is neither remote nor speculative. City of Philadelphia v. Commonwealth, 575 Pa. 542, 838 A.2d 566 (2003)."

mootness - The court held that the case was not moot. "Under the mootness doctrine, an actual case or controversy must exist at all stages of review, not just when the complaint is filed. Pub. Defender's Office of Venango County v. Venango County Court of Common Pleas, 586 Pa. 317, 893 A.2d 1275 (2006); Harris v. Rendell, 982 A.2d 1030 (Pa. Cmwlth. 2009). The existence of a case or controversy requires "a real and not a hypothetical legal controversy and one that affects another in a concrete manner so as to provide a factual predicate for reasoned adjudication …." City of Philadelphia v. SEPTA, 937 A.2d 1176, 1179 (Pa. Cmwlth. 2007)."

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