Pittsburgh Board of Public Education v. Pennsylvania Human Relations Commission

820 A.2d 838, 2003 Pa. Commw. LEXIS 181
CourtCommonwealth Court of Pennsylvania
DecidedApril 2, 2003
StatusPublished
Cited by6 cases

This text of 820 A.2d 838 (Pittsburgh Board of Public Education v. Pennsylvania Human Relations Commission) 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
Pittsburgh Board of Public Education v. Pennsylvania Human Relations Commission, 820 A.2d 838, 2003 Pa. Commw. LEXIS 181 (Pa. Ct. App. 2003).

Opinion

OPINION BY

Senior Judge FLAHERTY.

Before this court are the preliminary objections filed by the Pennsylvania Human Relations Commission (PHRC), in response to a petition for review in the nature of a complaint in equity (Petition) filed by the Pittsburgh Board of Public Education (Board), seeking the issuance of [840]*840an injunction against the PHRC restraining further administrative proceedings in nine discrimination complaints (nine complaints) filed with the PHRC. For the reasons that follow, the preliminary objections filed by the PHRC are sustained.

On January 30 and 31, 2002, nine complaints were filed with the PHRC. The nine complaints, which contain identical allegations, maintain that the Board, in violation of the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §§ 951-963, unlawfully discriminated against the named individuals on the basis of their African-American race by intentionally formulating policies that favor Caucasian students. Specifically, the complaints challenge the budget adopted by the Board and the Board’s decision regarding the opening and closing of eight schools.

On April 25, 2002, the Board filed motions to dismiss the complaints and briefs in support thereof. The Board argued that the PHRC lacked jurisdiction to rule on the merits of the claims. The PHRC filed a response to the motion to dismiss and a brief in support thereof. The Board also filed a motion to strike to which the PHRC filed a response. On September 23, 2002, the PHRC issued an interlocutory order which denied the Board’s motion to dismiss and its motion to strike.

On November 27, 2002, the Board filed a Petition in this court. The Petition alleges that the power and authority concerning the opening and closing of schools and the authority concerning budgetary matters of the School District have been delegated by the General Assembly to the Board. As such, the Board maintains that the PHRC has no jurisdiction or authority to force or require the Board to amend, repeal or reenact its budgetary ordinances. The Petition requests this court to: (1) declare that the PHRC has no jurisdiction or authority over the subject matter of the nine complaints; (2) enjoin the PHRC from scheduling or conducting hearings on the nine complaints; (3) require the PHRC to dismiss the nine complaints and (4) grant such other relief as the court deems appropriate.

The PHRC has filed preliminary objections to the Board’s Petition. The preliminary objections maintain that the Petition filed by the Board to this court is in actuality an appeal of the interlocutory order issued by the PHRC. The issues that were raised in the Board’s motion to dismiss, and denied in the PHRC’s interlocutory order, are identical to the issues that the Board now raises in its Petition to this court. Review of interlocutory orders are not within this court’s original jurisdiction and the Board never requested permission to appeal the interlocutory order.

When ruling on preliminary objections, this court must accept as true all well pled allegations of material fact and all reasonable inferences deducible therefrom. In order to sustain preliminary objections, it must appear with certainty that the law will not permit recovery, and any doubt should be resolved by a refusal to sustain them. Independent Oil and Gas Association of Pennsylvania v. Pennsylvania Public Utility Commission, 804 A.2d 693 (Pa.Cmwlth.2002).

The issue that must be decided is whether the Petition is an appeal of an interlocutory order or a Petition which may be maintained in this court’s original jurisdiction.

PHRC argues that the Petition filed by the Board to this court alleges that the Board informed the PHRC that it lacks jurisdiction over the nine complaints, requested the PHRC to dismiss the complaints and the PHRC refused to dismiss the complaints. PHRC emphasizes, how[841]*841ever, that the means by which the Board informed the PHRC of its purported lack of jurisdiction was by means of a motion to dismiss. The issues raised in the motion to dismiss and denied in the PHRC’s interlocutory order are identical to the issues the Board raises in its Petition to this court. PHRC maintains that the Board’s Petition to this court is an improperly filed request for review of an unappealable interlocutory order.

Although 42 Pa.C.S. § 761(a)(1) vests the Commonwealth Court with original jurisdiction over all civil actions or proceedings against the Commonwealth, this statutory grant of original jurisdiction has been narrowly interpreted by the Pennsylvania Supreme Court. Department of Aging v. Lindberg, 503 Pa. 423, 469 A.2d 1012 (1983). In matters involving administrative agencies, this court’s original jurisdiction is limited to those actions not within its appellate jurisdiction. Id. The provision in 42 Pa.C.S. § 761(a) for original jurisdiction in this court evidences the legislature’s intent to confer upon this court jurisdiction over an entire action or proceeding which is commenced in this court. Department of Transportation v. Joseph Bucheit & Sons Co., 506 Pa. 1, 483 A.2d 848 (1984). This case is not within this court’s original jurisdiction because it was commenced by the filing of nine complaints with the PHRC and will ultimately be subject to this court’s appellate review.

Additionally, this court lacks appellate jurisdiction to review the PHRC’s interlocutory order because this court’s appellate jurisdiction over Commonwealth agencies is limited to review of final orders pursuant to 42 Pa.C.S. § 763(a). A final order is one that ends litigation, puts litigants out of court, or precludes a party from presenting the merits of his claim. Pa. R.A. P. 341. The PHRC’s interlocutory order is not final as it permits the litigation to continue.

Moreover, although in some instances an interlocutory order may be ap-pealable as of right or by permission, neither is applicable in this case. Appeals as of right from orders sustaining jurisdiction apply only to orders addressing personal, not subject matter jurisdiction. H.R. and R.R. v. Department of Public Welfare, 676 A.2d 755 (Pa.Cmwlth.1996). This court has held that administrative agency interlocutory orders are not appealable as of right under Pa. R.A.P. 311. Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Public Utility Commission, 104 Pa.Cmwlth. 142, 521 A.2d 105 (1987), petition for allowance of appeal denied, 517 Pa. 628, 538 A.2d 880 (1988).

Nor can an appeal be taken by permission in this case. Appeal of interlocutory administrative agency orders is by permission under Pa. R.A.P. 1311. The Board was required to file an application with the PHRC for an amendment of the interlocutory order which it failed to do. Because such an application was a condition precedent to allowing an interlocutory appeal, having failed to comply, an appeal by permission is not permitted. Butler Education Association v. Butler Area School District, 34 Pa.Cmwlth.

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Bluebook (online)
820 A.2d 838, 2003 Pa. Commw. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittsburgh-board-of-public-education-v-pennsylvania-human-relations-pacommwct-2003.