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· 10/19/1983

Commonwealth, Department of General Services v. Frank Briscoe Co.

Citations

  • 466 A.2d 1336
  • 502 Pa. 449
  • 1983 Pa. LEXIS 694

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “the declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum.”
  • plaintiff filed a declaratory judgment action in an attempt to circumvent the administrative procedures required for resolution of the conflict.
  • declaratory judgment procedure is not available to decide issues that are “committed for initial resolution to an administrative forum” or “to establish in advance the merits of an appeal from that forum.”
  • “[T]he declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum.”
  • “[T]he declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum.”
  • “[T]he declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Roberts, Nix, Larsen, Flaherty, McDermott

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.