§ 762. Appeals from courts of common pleas.

632 words·~3 min read·/pa/title-42/chapter-7/762

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(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.

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(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.

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