441 Pa. 518 | Pa. | 1971
Opinion
The City of Philadelphia here challenges a fare increase approved by the Southeastern Pennsylvania Transportation Authority (SEPTA).
In August and again in September of 1970, a greater than three-fourths majority of the SEPTA Board overrode the veto of two dissenting members representing the City of Philadelphia and approved certain fare increases designed to reduce or eliminate SEPTA’s current operating deficit. The City of Philadelphia ap
SEPTA thereafter filed an appeal in the Commonwealth Court, which the City moved to quash on the ground that the appeal had not been duly authorized. The Commonwealth Court denied the motion to quash and reversed the order of the Court of Common Pleas. On December 23, 1970, this Court allowed this appeal.
In this Court the City reiterates its argument that SEPTA’s appeal in the Commonwealth Court should have been quashed for the reason that SEPTA’s Chief Counsel had not been affirmatively and specifically authorized to prosecute such an appeal on SEPTA’s behalf. In light of SEPTA’s resolution to increase fares, its involuntary involvement in litigation instituted by the City to prevent the implementation of that resolution, the statutory duty of SEPTA’s Chief Counsel to prosecute and defend all suits on SEPTA’s behalf,
Although SEPTA has exclusive statutory authority to set rates,
As we most recently declared in Man O’War Racing Association v. State Harness Racing Commission, 433 Pa. 432, 250 A. 2d 172 (1969), the scope of our review, of discretionary action by a state commission, agency or authority such as SEPTA is most narrow.
“In our role as a reviewing court, we must enter upon the performance of our judicial function ever mindful of the deference we should show to the Commission’s determinations. It is possible that if this Court had been called upon to carry out this important task, we might have chosen different [ly] . . ., perhaps because we might have placed more emphasis on certain factors which the Commission did not consider especially important. But . . . this does not in any way cast doubt upon the determination made by the Commission. Because it was not this Court, but the Commission which has been charged with this responsibility. Our scope of review is severely limited; what we must find in order to overturn . . . [the Commission’s action] is a clear abuse of discretion.” Id. at 450-51, 250 A. 2d at 181. Upon reviewing the record through the lens of the foregoing legal principles, we find no clear abuse of discretion.
Accordingly, the order of the Commonwealth Court reversing the order of the Philadelphia Court of Common Pleas is affirmed.
Metropolitan Transportation Authorities Act of 1963, P. L. 984, §23, 66 P.S. §2023.
Metropolitan Transportation Authorities Act of 1963, P. L. 984, §4, as amended, 66 P.S. §2004(d) (9).