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Pa. Supreme Court grants review to address issues of separation of powers and judicial deference to the legislative branch arising in a case involving whether an organization qualifies as a "purely public charity" under Pennsylvania's Constitution

Pa. Supreme Court grants review to address issues of separation of powers and judicial deference to the legislative branch arising in a case involving whether an organization qualifies as a "purely public charity" under Pennsylvania's Constitution: I was very pleased to learn a short time ago that today the Supreme Court of Pennsylvania granted review in a case in which I filed a petition for allowance of appeal on January 28, 2010. The order granting review is not yet available online, but the docket entries in the case evidencing the grant of review can be accessed here.

The specific question that the court has granted review to consider and resolve is:

Whether the Pennsylvania Legislature's enactment of criteria in Act 55 for determining if an organization qualifies as a "purely public charity" under Pennsylvania's Constitution is deserving of deference in deciding whether an organization qualifies as "a purely public charity" under Pennsylvania's Constitution, or has the test provided in Hospital Utilization Project v. Commonwealth, 487 A.2d 1306 (Pa. 1985), occupied the constitutional field, leaving no room for legislative influence and input?

The petition for allowance of appeal that I filed in the case can be accessed here. The argument in favor of granting review of that issue appears under the heading, "This Case Squarely Presents The Very Issues That This Court Has Described As 'Fundamental And Foundational' Regarding The Proper Roles Of The Legislature And The Judiciary In Deciding Whether An Organization Qualifies As A 'Purely Public Charity' Under Pennsylvania's Constitution."

I linked to some additional information about the case in this post from January 28, 2010. Coincidentally, that's the same date on which I argued the Third Circuit appeal that I will be rearguing en banc two weeks from today. Apparently the appeals on which I worked that day were not destined for prompt resolution.

As a result of today's order, the Pa. Supreme Court will next receive briefing on the merits, and the case will thereafter be scheduled for oral argument, which probably will occur in Harrisburg.

Full post as published by How Appealing on February 09, 2011 (boomark / email).