Commonwealth, Department of Transportation v. Chatzidakis

492 A.2d 1170, 89 Pa. Commw. 106, 1985 Pa. Commw. LEXIS 1486
CourtCommonwealth Court of Pennsylvania
DecidedMay 2, 1985
DocketAppeals, Nos. 84, 85, 87, 89 and 116 Miscellaneous Docket No. 4
StatusPublished
Cited by4 cases

This text of 492 A.2d 1170 (Commonwealth, Department of Transportation v. Chatzidakis) 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
Commonwealth, Department of Transportation v. Chatzidakis, 492 A.2d 1170, 89 Pa. Commw. 106, 1985 Pa. Commw. LEXIS 1486 (Pa. Ct. App. 1985).

Opinions

Opinion by

Judge MacPhail,

In these consolidated appeals, the sole issue presented is where venue lies in trespass actions instituted against the Department of Transportation (DOT). In each case, preliminary objections were filed and an appropriate order entered by the trial court. Because the various orders involved controlling questions of law upon which there was substantial ground for difference of opinion, we elected to hear the appeals certified to us pursuant to the provisions of Section 702 of the Judicial Code (Code), as amended, 42 Pa. C. S. §702.

Article I, Section 11 of the Constitution of Pennsylvania provides in pertinent part:

Suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct.

[110]*110Pursuant to that constitutional authority, the legislature has provided as follows:

(a) Venue.-—Actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. If venue is obtained in the Twelfth Judicial District (Dauphin County) solely because the principal office of the Commonwealth party is located within it, any judge of the Court of Common Pleas of Dauphin County shall have the power to transfer the action to any appropriate county where venue would otherwise lie.
(b) Process.—-Service of process in -the case of an action against the Commonwealth shall be made at the principal or local office of the Commonwealth agency that is being sued and at the office of the Attorney General.

Section 8523 of the Code, 42 Pa. C. S. §8523.

In Section 3(b) of the Act of September 28, 1978, P.L. 788 (Act), 42 Pa. C. S. App.: 11, it is stated that:

The Attorney General shall promulgate rules and regulations not inconsistent with this act ' in order to implement the intent of the act. The -subject of the rules and regulations may include . . . the designation of local and principal offices for Commonwealth agencies. . . .

Pursuant to that authority, the Attorney General promulgated the following regulations: (1) 37 Pa. Code §111.1, effective January 5, 1980, provided that service of process upon Commonwealth agencies should be made at the principal office or at one of the designated local offices of the agency being sued as [111]*111set forth in a separate sub-section. For DOT, the offices so designated were the Office of Chief Counsel in Harrisburg, Pittsburgh and Philadelphia; (2) 37 Pa. Code §111.2, effective December 26, 1981, provided that venue in actions in trespass against the Commonwealth or Commonwealth parties would lie only in the cause of action county, the county where a transaction or occurrence took place out of which a cause of action arose or where an office of the Commonwealth party had been designated in 37 Pa. Code §111.1. The instant regulation also amended Section 111.1, insofar as designated offices for the service of process on DOT was concerned, to specify that the sole location where process could be served was the Office of Chief Counsel in Harrisburg; and. (3) Effective January 30, 1982, 37 Pa. Code §111.2 was deleted and the Offices of Chief Counsel in Philadelphia and Pittsburgh were added to the designated offices where service of process could be had upon DOT.

Since all of the litigants agree, as they must, that venue in cases where DOT is sued will lie in the cause of action county or a county where a transaction or occurrence took place out of which the cause of action arose, our inquiry here is limited to an interpretation of the meaning of the words “county in which the principal or local office of the Commonwealth party is located.” Section 8523(a) of the Code.

DOT, as we understand its argument, contends that since the Attorney General has deleted 37 Pa. Code §111.2 relating to venue, “local office” must be interpreted as the DOT office responsible for supervising the highway maintenance in the county where the accident occurred or the District Engineering Office for the county in which the accident occurred. In any event, DOT vehemently denies that “local office” can be interpreted as the county highway maintenance [112]*112facility located in each of the 67 counties of the Commonwealth.

Plaintiffs (appellees here), on the other hand, contend in the alternative that either the Attorney General’s designation of the. local offices for the service of process controls, notwithstanding the deletion of 37 Pa. Code §111.2, or that a county highway maintenance facility is a local office in each of the counties of the Commonwealth for the purposes of venue.1

In Cortese v. Department of Transportation, 76 Pa. Commonwealth Ct. 462, 463 A.2d 1293 (1983), we had occasion to construe the Attorney General’s regulations as they existed on January 20, 1982.2 There we held that in view of the Attorney General’s designation of the Office of Chief Counsel in Harrisburg as the “local office” of DOT, a trespass action could be brought against DOT only in Dauphin County or in Wyoming County, the cause of action county. Language in that opinion which is pertinent to the caséis now before us held that “[t]o permit suits against DOT in all 67 counties of the Commonwealth regardless of where the cause of action arose, in our opinion, would be a gross distortion of the intent of the Code.” 76 Pa. Commonwealth Ct. at 466, 463 A.2d at 1295. We affirm that the intent of the Legislature when it used the term “local office” in Section 8523(a) of the Code, was not to open all 67 counties of the Commonwealth to suits against DOT, irrespective of where the cause of action arose. Had the legislature so intended, it easily could have said so by simply providing that suit could be brought in any county of the [113]*113Commonwealth. The statutory language that actions shall be brought in and only in certain counties disavows any legislative intent that suit may be brought anywhere in the Commmonwealth.

We come then to the somewhat difficult question of trying to determine what effect, if any, the deletion of 37 Pa. Code §111.2 has upon the issue now before us. As we have previously noted, the development of the law from the Constitution to the statutory law and then to appropriate regulations, has been an orderly process up to January 30, 1982. We now hold that the deletion of Section 111.2 effective on that date has no effect upon the determination of where venue lies in the cases now before us.

To repeat: (1) Section 8523 of the Code merely says that venue lies in a county where the principal office or local office of the Commonwealth party is located but does not define what a “local office” is; (2) Section 3 of the Act states that the Attorney General shall promulgate regulations to implement the intent of the Act and may designate the local and principal offices for Commonwealth agencies; and (3) the Attorney General has designated the principal offices and the local offices for the various Commonwealth agencies in 37 Pa. Code §111.1.

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Bluebook (online)
492 A.2d 1170, 89 Pa. Commw. 106, 1985 Pa. Commw. LEXIS 1486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-transportation-v-chatzidakis-pacommwct-1985.