Lazzari Motors, Inc. v. Commonwealth

Commonwealth Court of Pennsylvania

Lazzari Motors, Inc. v. Commonwealth

437 A.2d 1332, 63 Pa. Commw. 339, 1981 Pa. Commw. LEXIS 1981

Commonwealth Court of Pennsylvania·Decided December 23, 1981·No. Appeal, No. 253 C.D. 1981·Published·Cited by 17 cases

Opinion

Opinion by

Judge Palladino,

Lazzari Motors, Inc., James D. Hamilton and Phyllis Hamilton (Appellants) appeal from an order of the Court of Common Pleas of Allegheny County which granted the motion for judgment on the pleadings of the Commonwealth of Pennsylvania, Department of Transportation, based upon the defense of sovereign immunity. We affirm.

The Appellants raise the same issues which were presented below and that the Court of Common Pleas addressed and resolved. We have carefully reviewed the record in the case, the relevant constitutional and statuory provisions, and the case law, and we affirm on the comprehensive and able opinion of Judge Marion K. Finkelhor.

Accordingly, we enter the following

Order

And Now, December 23, 1981, the order of the Court of Common Pleas of Allegheny County, docketed to Civil Action — Law No. GD 80-18293, dated January 12, 1981, granting Defendant’s motion for judgment on the pleadings, is affirmed.

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Opinion by

Judge Palladino,

Lazzari Motors, Inc., James D. Hamilton and Phyllis Hamilton (Appellants) appeal from an order of the Court of Common Pleas of Allegheny County which granted the motion for judgment on the pleadings of the Commonwealth of Pennsylvania, Department of Transportation, based upon the defense of sovereign immunity. We affirm.

The Appellants raise the same issues which were presented below and that the Court of Common Pleas addressed and resolved. We have carefully reviewed the record in the case, the relevant constitutional and statuory provisions, and the case law, and we affirm on the comprehensive and able opinion of Judge Marion K. Finkelhor.

Accordingly, we enter the following

Order

And Now, December 23, 1981, the order of the Court of Common Pleas of Allegheny County, docketed to Civil Action — Law No. GD 80-18293, dated January 12, 1981, granting Defendant’s motion for judgment on the pleadings, is affirmed.

Lazzari Motors, Inc. v. Commonwealth, 437 A.2d 1332, 63 Pa. Commw. 339, 1981 Pa. Commw. LEXIS 1981 (Pa. Ct. App. 1981).

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Opinion

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