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149 Pa. Commw. 628

Zontek v. Brown

Commonwealth Court of Pennsylvania

Decided August 10, 1992

Commonwealth Court of Pennsylvania · decided 1992-08-10

Cited by 1 later decisions — most recently October 1993

1 state decisions

Relies on 131 Pa. Commw. 476 - West Shore School District v. Pennsylvania Labor Relations Board

Good law ✅— No negative treatment on recordhow we know

Decided 1992-08-10

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PELLEGRINI, Judge,

¶1concurring.

¶2I concur with the majority but for a different reason.

¶3The Pennsylvania Sunset Act of December 22, 1981, P.L. 508, as amended, 71 P.S. §§ 1795.1-1795.14, is unconstitutional for reasons I set forth in West Shore School District v. Pennsylvania Labor Relations Board, 131 Pa.Commonwealth Ct. 476, 570 A.2d 1354 (1990). Because the Sunset Act is unconstitutional and of no effect, its operation created no interregnum in the operation of the State Ethics Commission. Because the State Ethics Commission never went out of existence, its investigations and proceedings never lapsed.

¶4Accordingly, I would also grant the respondents’ Motion for Summary Judgment but for a different reason.

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