SEPTA v. City of Phila., et al (majority)
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The Supreme Court granted review in this case principally to clarify the standard for determining whether a municipal ordinance applied to an agency or instrumentality of the Commonwealth. The Commonwealth Court concluded here that the Southeastern Pennsylvania Transportation Authority (SEPTA) was not subject to either the provisions of the Philadelphia Fair Practices Ordinance (FPO), or the jurisdiction of the Philadelphia Commission on Human Relations. The Commonwealth Court also concluded that, because SEPTA was not subject to the Philadelphia Commission’s jurisdiction, it had no duty to exhaust its administrative remedies before that agency. Upon review, the Supreme Court vacated the Commonwealth Court order and remanded for reconsideration under the proper standard.
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