2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 7 - Jurisdiction of Appellate Courts
762 - Appeals from courts of common pleas.

     § 762.  Appeals from courts of common pleas.
        (a)  General rule.--Except as provided in subsection (b), the
     Commonwealth Court shall have exclusive jurisdiction of appeals
     from final orders of the courts of common pleas in the following
     cases:
            (1)  Commonwealth civil cases.--All civil actions or
        proceedings:
                (i)  Original jurisdiction of which is vested in
            another tribunal by virtue of any of the exceptions to
            section 761(a)(1) (relating to original jurisdiction),
            except actions or proceedings in the nature of
            applications for a writ of habeas corpus or post-
            conviction relief not ancillary to proceedings within the
            appellate jurisdiction of the court.
                (ii)  By the Commonwealth government, including any
            officer thereof acting in his official capacity.
            (2)  Governmental and Commonwealth regulatory criminal
        cases.--All criminal actions or proceedings for the violation
        of any:
                (i)  Rule, regulation or order of any Commonwealth
            agency.
                (ii)  Regulatory statute administered by any
            Commonwealth agency subject to Subchapter A of Chapter 5
            of Title 2 (relating to practice and procedure of
            Commonwealth agencies). The term "regulatory statute" as
            used in this subparagraph does not include any provision
            of Title 18 (relating to crimes and offenses).
            (3)  Secondary review of certain appeals from
        Commonwealth agencies.--All appeals from Commonwealth
        agencies which may be taken initially to the courts of common
        pleas under section 933 (relating to appeals from government
        agencies).
            (4)  Local government civil and criminal matters.--
                (i)  All actions or proceedings arising under any
            municipality, institution district, public school,
            planning or zoning code or under which a municipality or
            other political subdivision or municipality authority may
            be formed or incorporated or where is drawn in question
            the application, interpretation or enforcement of any:
                    (A)  statute regulating the affairs of political
                subdivisions, municipality and other local
                authorities or other public corporations or of the
                officers, employees or agents thereof, acting in
                their official capacity;
                    (B)  home rule charter or local ordinance or
                resolution; or
                    (C)  statute relating to elections, campaign
                financing or other election procedures.
                (ii)  All appeals from government agencies other than
            Commonwealth agencies decided under section 933 or
            otherwise.
            (5)  Certain private corporation matters.--
                (i)  All actions or proceedings relating to
            corporations not-for-profit arising under Title 15
            (relating to corporations and unincorporated
            associations) or where is drawn in question the
            application, interpretation or enforcement of any
            provision of the Constitution, treaties or laws of the
            United States, or the Constitution of Pennsylvania or any
            statute, regulating in any such case the corporate
            affairs of any corporation not-for-profit subject to
            Title 15 or the affairs of the members, security holders,
            directors, officers, employees or agents thereof, as
            such.
                (ii)  All actions or proceedings otherwise involving
            the corporate affairs of any corporation not-for-profit
            subject to Title 15 or the affairs of the members,
            security holders, directors, officers, or employees or
            agents thereof, as such.
            (6)  Eminent domain.--All eminent domain proceedings or
        where is drawn in question the power or right of the
        acquiring agency to appropriate the condemned property or to
        use it for the purpose condemned or otherwise.
            (7)  Immunity waiver matters.--Matters conducted pursuant
        to Subchapter C of Chapter 85 (relating to actions against
        local parties).
        (b)  Exception.--The Commonwealth Court shall not have
     jurisdiction of such classes of appeals from courts of common
     pleas as are by section 722 (relating to direct appeals from
     courts of common pleas) within the exclusive jurisdiction of the
     Supreme Court.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978,
     P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff.
     60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20,
     1982, P.L.1409, No.326, eff. 60 days)

        1982 Amendment.  Act 326 amended subsec. (a), retroactive to
     December 5, 1980, as to subsec. (a)(1)(ii).
        Cross References.  Section 762 is referred to in section 933
     of this title.