IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Fromage Taxi, LLC :
:
v. : No. 2034 C.D. 2015
: Submitted: June 17, 2016
Philadelphia Parking Authority, :
Appellant :
BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge
HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE DAN PELLEGRINI, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
SENIOR JUDGE PELLEGRINI FILED: July 11, 2016
The Philadelphia Parking Authority (Authority) appeals from an order
of the Court of Common Pleas of Philadelphia County reversing the Philadelphia
Parking Authority Taxicab and Limousine Division’s (Hearing Officer’s) order
granting the Authority’s motion to amend owner citation T-16361 against Fromage
Taxi, LLC to include a violation of 52 Pa. Code §1017.24 because the Hearing
Officer did not have jurisdiction and authority to amend a citation after the citation
was issued.
While this case involves a different citation and different owner, the
underlying facts are the same and the issues are identical to those we resolved in
Yellow 2000 of Philadelphia v. Philadelphia Parking Authority (Pa. Cmwlth., No.
2036 C.D. 2015, filed July 11, 2016), where we held that the Hearing Officer did
have the authority to amend the Citation in those circumstances. For the same
reasons set forth in that opinion, we reverse.
_______________________________
DAN PELLEGRINI, Senior Judge
2
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Fromage Taxi, LLC :
:
v. : No. 2034 C.D. 2015
:
Philadelphia Parking Authority, :
Appellant :
ORDER
AND NOW, this 11th day of July, 2016, it is hereby ordered that the
Court of Common Pleas of Philadelphia County’s order dated October 2, 2015, at
Case No. 01174, is reversed, and Fromage Taxi, LLC’s motion to strike portions of
the Philadelphia Parking Authority’s brief is denied.
_______________________________
DAN PELLEGRINI, Senior Judge