Blue Comet Diner v. PA Human Relations Commission, Pet (Summary Disposition)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT BLUE COMET DINER, Respondent v. PENNSYLVANIA HUMAN RELATIONS COMMISSION, Petitioner : No. 878 MAL 2006 : : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : : : : : ORDER PER CURIAM DECIDED: September 5, 2007 The Petition for Allowance of Appeal is GRANTED and the decision and order of the Commonwealth Court is REVERSED based on this Court s decision in Riedel v. Human Relations Commission of the City of Reading, 739 A.2d 121 (Pa. 1999) (distinguishing jurisdiction from authority to act and pointing out that it is axiomatic that issues not preserved for appellate review will not be addressed by the appellate court). Further, this matter is REMANDED to the Commonwealth Court to decide the issues raised by Blue Comet in its initial appeal to that court. Mr. Justice Eakin dissents.
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