PA Rstrnt & Lodging,et al. v. City of Pgh - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT PENNSYLVANIA RESTAURANT AND LODGING ASSOCIATION, STORMS RESTAURANT AND CATERING, LLC D/B/A STORMS RESTAURANT, LAWRENCEVILLE BREWERY, INC., D/B/A THE CHURCH BREW WORKS, 1215 INCORPORATED, D/B/A RITA'S ITALIAN ICE, DIRT DOCTORS CLEANING SERVICE LLC, AND MODERN CAFE INC. v. CITY OF PITTSBURGH v. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 32 BJ PETITION OF: CITY OF PITTSBURGH PENNSYLVANIA RESTAURANT AND LODGING ASSOCIATION, STORMS RESTAURANT AND CATERING LLC D/B/A STORMS RESTAURANT, LAWRENCEVILLE BREWERY INC. D/B/A THE CHURCH BREW WORKS, 1215 INCORPORATED, D/B/A RITA'S ITALIAN ICE, DIRT DOCTORS CLEANING SERVICE LLC, AND MODERN CAFE INC. v. : No. 238 WAL 2017 : : : Petition for Allowance of Appeal from : the Order of the Commonwealth Court : : : : : : : : : : : : : : : : : : : : : : No. 239 WAL 2017 : : : Petition for Allowance of Appeal from : the Order of the Commonwealth Court : : : : : : : : : : CITY OF PITTSBURGH, COUNCIL OF THE CITY OF PITTSBURGH, AND WILLIAM PEDUTO, AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 32 BJ PETITION OF: CITY OF PITTSBURGH, COUNCIL OF THE CITY OF PITTSBURGH, AND WILLIAM PEDUTO : : : : : : : : : : ORDER PER CURIAM AND NOW, this 29th day of November, 2017, the Petitions for Allowance of Appeal are GRANTED, limited to the issue set forth below. Allocatur is DENIED as to all other issues. The issue, rephrased for clarity, is as follows: Did the Commonwealth Court err in holding that the State Emergency Management Services Code, the State Disease Prevention and Control Act Law, the Second Class City Code, and the Home Rule Charter and Options Law failed to satisfy the “expressly provided by statute” exception, and that the City of Pittsburgh therefore lacked the authority to pass the Paid Sick Days Act and the Safe and Secure Buildings Act? The appeals from Nos. 227-230 WAL 2017 and Nos. 236-239 WAL 2017 are hereby CONSOLIDATED for briefing and oral argument. A True Copy Patricia Nicola As Of 11/29/2017 Attest: ___________________ Chief Clerk Supreme Court of Pennsylvania [238 WAL 2017 and 239 WAL 2017] - 2
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