James J. Gory Mechanical Contracting, Inc. v. Philadelphia Housing Authority

Full title: JAMES J. GORY MECHANICAL CONTRACTING, INC., Respondent v. PHILADELPHIA…

Court: Supreme Court of Pennsylvania, Eastern District

Date published: Mar 11, 2003

818 A.2d 1285 (Pa. 2003)

818 A.2d 1285

Opinion

March 11, 2003.

No. 250 EAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court.

Prior report: Pa. Super. 804 A.2d 67.

ORDER

PER CURIAM.

AND NOW, this 11th day of March, 2003, the Petition for Allowance of Appeal is granted, limited to the following issues:

1. Whether the statutory language of the Housing Authorities Law, 35 P. S. § 1550, necessitates the conclusion that the Philadelphia Housing Authority is an agency of the Commonwealth in light of this Court's holding in Marshall v. Port Authority of Allegheny County, 568 A.2d 931 (Pa. 1990), as well as the per curiam order in City of Philadelphia v. Philadelphia Parking Authority, 798 A.2d 161 (Pa. 2002).

2. Whether jurisdiction in the instant case lies with the Commonwealth Court under 42 Pa.C.S.A. § 761(a) or with the Board of Claims under 72 P. S. § 4651-4.