J-A01024-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
NICHOLAS O. BROWN IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
CITY OF PHILADELPHIA AND SHERIFF OF
PHILADELPHIA COUNTY
No. 3515 EDA 2014
Appeal from the Order November 3, 2014
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): No. 120502028
BEFORE: LAZARUS, J., OTT, J., and STEVENS, P.J.E.*
JUDGMENT ORDER BY OTT: FILED JANUARY 19, 2016
The issue on appeal arises from the purchase of a parcel of property
by Nicholas O. Brown at a sheriff’s sale, pursuant to the Municipal Claims
and Tax Liens Act (MCTLA), 53 P.S. § 7101, et seq. Brown claims that he is
entitled to rescission and restitution because the Sheriff delayed in deeding
the property to him.
The question presented directly involves the interpretation, application
and enforcement of the MCTLA. Exclusive jurisdiction of this appeal is
vested in the Commonwealth Court of Pennsylvania. See 42 Pa.C.S.
762(a)(4)(i)(A).
____________________________________________
*
Former Justice specially assigned to the Superior Court.
J-A01024-16
We recognize that it is within the discretion of this Court to either
decide this case on the merits or transfer it to the Commonwealth Court. 42
Pa.C.S. §§ 704(a) and 705. Pa.R.A.P. 741(a) and 751(a). The trial court
has opined that this appeal “should be in the Commonwealth Court,” and we
are of the same view. Trial Court Pa.R.A.P. 1925(a) Opinion, 5/12/2015, at
1 n.1. Based on our review, we conclude it is appropriate to transfer this
appeal to the Commonwealth Court because of the special expertise of the
Commonwealth Court in addressing issues concerning the MCTLA. Transfer
will also avoid a possible conflict of decisions between our Court and the
Commonwealth Court. See generally, Trumbull Corp. v. Boss
Construction, Inc., 747 A.2d 395 (Pa. Super. 2000).
Appeal transferred to the Commonwealth Court of Pennsylvania.
Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/19/2016
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