Avis Rent A Car System, Inc. v. Commonwealth, Department of State, State Board of Vehicle Manufacturers, Dealers & Salespersons

507 A.2d 893, 96 Pa. Commw. 294, 1986 Pa. Commw. LEXIS 2091
CourtCommonwealth Court of Pennsylvania
DecidedApril 7, 1986
DocketAppeal, No. 3046 C.D. 1985
StatusPublished
Cited by5 cases

This text of 507 A.2d 893 (Avis Rent A Car System, Inc. v. Commonwealth, Department of State, State Board of Vehicle Manufacturers, Dealers & Salespersons) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avis Rent A Car System, Inc. v. Commonwealth, Department of State, State Board of Vehicle Manufacturers, Dealers & Salespersons, 507 A.2d 893, 96 Pa. Commw. 294, 1986 Pa. Commw. LEXIS 2091 (Pa. Ct. App. 1986).

Opinion

Opinion by

Judge MacPhail,

Avis Rent A Car System, Inc. (Avis) has filed a petition for review in both our original and appellate jurisdiction seeking, inter alia, a writ of mandamus to require the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) to refrain from prohibiting current and future “off premise sales”.1 The Board has filed preliminary objections to the petition filed in our original jurisdiction and a motion to dismiss the action filed in our appellate jurisdiction.2

In considering preliminary objections, we must accept as true all of the factual averments of the petition. Investigation Upon Commission Motion Into The Installment Sale Purchase Program of Metro Transportation Co., 87 Pa. Commonwealth Ct. 626, 488 A.2d 369 (1985).

Avis is a licensed vehicle dealer3 maintaining various established places of business in Pennsylvania.4 In con[297]*297nection with its car rental business, Avis regularly sells some of its rental fleet to the general public as used vehicles. Avis sells these vehicles both at its established places of business and at selected off-premise locations.5

Avis alleges that the Board did not require preauthorization of off-premise sales until August 26, 1985. On that date, the Board notified Avis by letter that numerous complaints had been filed with the Board alleging that Avis had conducted off-premise vehicle sales without authorization. The letter further stated that it is the Boards position that Section 23 of the Act6 (regulat[298]*298ing vehicle shows and exhibitions) requires Avis to obtain Board authorization prior to holding an off-premise sale. Thereafter, Avis complied with the letter and sought Board authorization for two off-premise sales, one to be held in Feasterville and the other in Potts-town. The Board authorized the Feasterville location but denied approval for the Pottstown location, having determined that Pottstown is not within Avis’ “normal marketing area”.7

[299]*299Avis then filed the instant action, arguing that (1) the Act does not apply to off-premise sales; (2) Avis has a clear right to conduct off-premise sales, with a corresponding duty in the Board to refrain from interfering in such sales; (3) assuming the Act does apply to off-premise sales, once the requirements of Section 23 of the Act are met the Board does not have discretion to disapprove the off-premise sale; and (4) the membership of the Board is biased against persons who regularly conduct off-premise sales denying Avis due process of law. Avis further contends that the Board has no jurisdiction in this matter, or, in the alternative, that the Board exceeded its jurisdiction.

As stated, presently before the Court for adjudication are the Boards preliminary objections raising a question of jurisdiction.8 The Board maintains that we do not have original jurisdiction over Avis’ cause of action because we would have appellate jurisdiction over a final order of the Board. The Board avers that the feet that Avis is requesting mandamus and declaratory relief does not vest original jurisdiction in this Court.

Our original jurisdiction is set forth in Section 761(a) of the Judicial Code, 42 Pa. C. S. §761(a):

(a) General Rule. — The Commonwealth Court shall have original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any officer thereof, acting in his official capacity, except;
[300]*300(1) actions or proceedings in the nature of applications for a writ of habeas corpus or postconviction relief not ancillary to, proceedings within the appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to Chapter 85 (relating to matters affecting government units);
(iv) actions or proceedings conducted pursuant to the act of May 20, 1937 (P.L. 728, No. 193), referred to as the Board of Claims Act; and
(v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass.
(2) By the Commonwealth government, including any officer thereof, acting in his official capacity, except eminent domain proceedings.
(3) Arising under Article V of the act of May 17, 1921 (P.L. 789, No. 285), known as “The Insurance Department Act of 1921.”
(4) Original jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.

In Pennsylvania Department of Aging v. Lindberg, 503 Pa. 423, 429, 469 A.2d 1012, 1015-1016 (1983), our Supreme Court held that:

[T]hose matters our legislature has placed in Commonwealth Courts appellate jurisdiction under Section 763 are excluded from its original jurisdiction under Section 761(a)(1). In short, the Commonwealth Courts original jurisdiction of actions against the Commonwealth is limited [301]*301to those not within its Section 763 appellate jurisdiction over appeals from Commonwealth agencies, whether directly under Section 763 (a)(1) or (2), indirectly under Section 762 (a)(3) or (4) or otherwise within its appellate jurisdiction.

The issue, then, is whether we have or would have appellate jurisdiction over the instant action. We believe that we would pursuant to 2 Pa. C. S. §704. Avis is seeking review of a Board determination that it cannot hold an off-premise sale. Accordingly, we will sustain the Boards preliminary objection raising the issue of original jurisdiction.

The fact that Avis has requested relief in the nature of mandamus does not vest original jurisdiction in this Court. As our Supreme Court pointed out in Lindberg:

The prerogative writs of mandamus and prohibition, specifically mentioned in Section 761(c), are functionally in the nature of appeals to Commonwealth Court, despite their description in 42 Pa. C. S. §761(c) as in that courts ‘original jurisdiction and that subsections location within the section governing original jurisdiction. This is consistent with our holding that Commonwealth Courts textually all inclusive original jurisdiction does not include matters within its appellate jurisdiction. Moreover, such writs, when used in aid of appellate jurisdiction and ‘ancillary’ to it are available only to appellate courts, which may grant them only in clear cases where it is largely unnecessary to take evidence on disputed factual issues in order to determine the propriety of their use.

503 Pa. at 433, 469 A.2d at 1018.

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Bluebook (online)
507 A.2d 893, 96 Pa. Commw. 294, 1986 Pa. Commw. LEXIS 2091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avis-rent-a-car-system-inc-v-commonwealth-department-of-state-state-pacommwct-1986.