Commonwealth v. Griffith

Commonwealth Court of Pennsylvania

Commonwealth v. Griffith

426 A.2d 767, 58 Pa. Commw. 50, 1981 Pa. Commw. LEXIS 1241

CourtCommonwealth Court of Pennsylvania

DecidedMarch 20, 1981

DocketAppeal, No. 67 C.D. 1980

StatusPublished

This text of 426 A.2d 767 (Commonwealth v. Griffith) 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 v. Griffith, 426 A.2d 767, 58 Pa. Commw. 50, 1981 Pa. Commw. LEXIS 1241 (Pa. Ct. App. 1981).

Pincite

Opinion

Opinion by

Judge Mencer,

The Department of Transportation suspended the Certification as an Official Inspection Mechanic of R. Michael Griffith and the Certificate of Appointment of Robert J. Griffith, trading and doing business as Lititz Chevron Service Station, for a period of 3 months. These suspensions followed an inspection, on May 9, 1979, of a 1965 Plymouth sedan by Trooper Kelly of the Pennsylvania State Police. The same car had been inspected by R. Michael Griffith on February 7, 1979, without his finding the defects disclosed by Trooper Kelly’s inspection.

The suspensions were appealed to the Court of Common Pleas of Lancaster County. Following a hearing, that court sustained the appeals, reversed the suspension orders, and directed the Department of Transportation to reinstate the Certificate of Appointment of Robert J. Griffith and the Certification as an Official Inspection Mechanic of R. Michael Griffith. A motion for reconsideration was filed by the Department of Transportation and was dismissed by the court below. The Department of Transportation then filed an appeal to this Court.

After an examination of the record, we affirm the order of the Court of Common Pleas of Lancaster County reversing the suspensions by the Department of Transportation and directing the reinstatements set forth therein, on the opinion of the Honorable D. [52]*52Richard Eckman, filed and docketed at Trust Book 45, page 264, in the Court of Common Pleas of Lancaster County.

Order

And Now, this 20th day of March, 1981, the order of the Court of Common Pleas of Lancaster County, dated December 4, 1979, sustaining the appeals of Robert J. Griffith and R. Michael Griffith and directing the Department of Transportation to reinstate the Certificate of Appointment of Robert J. Griffith permitting him to operate as an Official Inspection Station and the Certification as an Official Inspection Mechanic of R. Michael Griffith, is hereby affirmed.

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Opinion by

Judge Mencer,

The Department of Transportation suspended the Certification as an Official Inspection Mechanic of R. Michael Griffith and the Certificate of Appointment of Robert J. Griffith, trading and doing business as Lititz Chevron Service Station, for a period of 3 months. These suspensions followed an inspection, on May 9, 1979, of a 1965 Plymouth sedan by Trooper Kelly of the Pennsylvania State Police. The same car had been inspected by R. Michael Griffith on February 7, 1979, without his finding the defects disclosed by Trooper Kelly’s inspection.

The suspensions were appealed to the Court of Common Pleas of Lancaster County. Following a hearing, that court sustained the appeals, reversed the suspension orders, and directed the Department of Transportation to reinstate the Certificate of Appointment of Robert J. Griffith and the Certification as an Official Inspection Mechanic of R. Michael Griffith. A motion for reconsideration was filed by the Department of Transportation and was dismissed by the court below. The Department of Transportation then filed an appeal to this Court.

After an examination of the record, we affirm the order of the Court of Common Pleas of Lancaster County reversing the suspensions by the Department of Transportation and directing the reinstatements set forth therein, on the opinion of the Honorable D. [52]*52Richard Eckman, filed and docketed at Trust Book 45, page 264, in the Court of Common Pleas of Lancaster County.

Order

And Now, this 20th day of March, 1981, the order of the Court of Common Pleas of Lancaster County, dated December 4, 1979, sustaining the appeals of Robert J. Griffith and R. Michael Griffith and directing the Department of Transportation to reinstate the Certificate of Appointment of Robert J. Griffith permitting him to operate as an Official Inspection Station and the Certification as an Official Inspection Mechanic of R. Michael Griffith, is hereby affirmed.

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Bluebook (online)

426 A.2d 767, 58 Pa. Commw. 50, 1981 Pa. Commw. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-griffith-pacommwct-1981.