Banacol Marketing Corp. v. Phila. Regional Port Authority et al. - Cmwlth. Court - Aug. 11, 2006
http://www.courts.state.pa.us/OpPosting/CWealth/out/17CD06_8-11-06.pdf
Plaintiff/Appellant sued the Phila. Regional Port Authority (PRPA) in common pleas court, which sustained PRPA's preliminary objections to the court's jurisdiction, finding that PRPA was a "commonwealth agency" and that Plaintiff's case should have been filed with the Board of Claims, 62 Pa. C.S. sec. 1724(a)(3). Commonwealth Court affirmed.
The court said that a "commonwealth agency" -- for jurisdictional purposes -- is one which operates on a statewide basis and is predominantly controlled by the state. In this case, the PRPA was created by the General Assembly; its members are appointed by the Governor and the leaders of the General Assembly, and thus is a "commonwealth agency." By contrast, a "local agency" operates wthin a single county or municipality and is governed in large part by that local entity.
