Stayton v. Commonwealth, Department of Transportation

Commonwealth Court of Pennsylvania

Stayton v. Commonwealth, Department of Transportation

450 A.2d 262, 69 Pa. Commw. 45, 1982 Pa. Commw. LEXIS 1561

CourtCommonwealth Court of Pennsylvania

DecidedSeptember 13, 1982

DocketAppeal, No. 2949 C.D. 1980

StatusPublished

This text of 450 A.2d 262 (Stayton v. Commonwealth, Department of Transportation) 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

Stayton v. Commonwealth, Department of Transportation, 450 A.2d 262, 69 Pa. Commw. 45, 1982 Pa. Commw. LEXIS 1561 (Pa. Ct. App. 1982).

Pincite

Opinion

Opinion by

President Judge Crumush, Jr.,

George Stayton appeals from a Montgomery County Common Pleas Court decision which affirmed a nine-month suspension of Stayton5s Certificate of Appointment as an official inspection station. We affirm.

Stayton has asserted that Section 4724(a) of the Vehicle Code, as amended, 75 Pa. C. S. §4724(a), should be applied retroactively, granting discretion, rather than mandating that the Pennsylvania Department of Transportation suspend his license for the misconduct of his employees. We have held that statutes are never to be applied retroactively unless expressly intended to be so by the legislature. See Department of Labor and Industry, Bureau of Employment Security v. Pennsylvania Engineering Corp., 54 Pa. Commonwealth Ct. 376, 421 A.2d 521 (1980).

We thus affirm on the basis of the able opinion of Judge Smillie, Pa. D. & C.3rd (1981).

Affirmed.

Order

The order of the Montgomery County Court of Common Pleas, No. 80-14055, dated October 14, 1980, is affirmed.

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Opinion by

President Judge Crumush, Jr.,

George Stayton appeals from a Montgomery County Common Pleas Court decision which affirmed a nine-month suspension of Stayton5s Certificate of Appointment as an official inspection station. We affirm.

Stayton has asserted that Section 4724(a) of the Vehicle Code, as amended, 75 Pa. C. S. §4724(a), should be applied retroactively, granting discretion, rather than mandating that the Pennsylvania Department of Transportation suspend his license for the misconduct of his employees. We have held that statutes are never to be applied retroactively unless expressly intended to be so by the legislature. See Department of Labor and Industry, Bureau of Employment Security v. Pennsylvania Engineering Corp., 54 Pa. Commonwealth Ct. 376, 421 A.2d 521 (1980).

We thus affirm on the basis of the able opinion of Judge Smillie, Pa. D. & C.3rd (1981).

Affirmed.

Order

The order of the Montgomery County Court of Common Pleas, No. 80-14055, dated October 14, 1980, is affirmed.

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Bluebook (online)

450 A.2d 262, 69 Pa. Commw. 45, 1982 Pa. Commw. LEXIS 1561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stayton-v-commonwealth-department-of-transportation-pacommwct-1982.

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