Pennsylvania Human Relations Commission v. St. Andrews Development Co.

387 A.2d 467, 478 Pa. 567, 1978 Pa. LEXIS 650

• Court: Supreme Court of Pennsylvania
• Decided: May 8, 1978
• Docket: 32
• Status: Published

Opinions

OPINION

PER CURIAM:

On November 15, 1971, Geraldine Cobb and her mother, Martha Cobb, filed a complaint with the Pennsylvania Human Relations Commission charging that the Governours Place Apartments had refused to rent them an apartment because of their race. Pursuant to the procedures set forth in the Pennsylvania Human Relations Act,¹ the Commission found that the Governours Place Apartments had engaged in unlawful discrimination and on December 26, 1972, ordered them to take certain corrective actions. GPA appealed the Commission’s order to Commonwealth Court, which held that there was not substantial evidence to support the Commission’s finding of unlawful discrimination.² A petition for allowance of appeal to this Court was then filed by the Commission and granted on October 18, 1973.

The Commission argues that their adjudication of unlawful discrimination was supported by substantial evidence and that the Commonwealth Court erred in setting aside their December 26, 1972 order. We have reviewed the record and find that there is not substantial evidence to support the Commission’s finding of unlawful discrimination.

The order of the Commonwealth Court is affirmed.

MANDERINO, J., filed a Concurring Opinion. POMEROY, J., concurs in the result. ROBERTS, J., filed a dissenting opinion in which NIX, J., joins.

1 . Act of October 27, 1955, P.L. 744 § 1, as amended, 43 P.S. § 951 et seq.

2 . St. Andrews Development Co. Inc. v. Pennsylvania Human Relations Commission, 10 Pa.Cmwlth. 123, 308 A.2d 623 (1973).