The Commonwealth Court gave Society Hill Civic Association a second chance in its attempt to file a claim against the Pennsylvania Gaming Control Board for a violation of the Sunshine Act.
In a memorandum opinion in Society Hill Civic Association v. The Pennsylvania Gaming Control Board, President Judge Bonnie Brigance Leadbetter allowed the association to file in the court's original jurisdiction a proper petition for review nunc pro tunc.
The group had improperly filed a writ of summons to bring the claim when it should have filed a petition for review.
Because a writ of summons is the proper method to bring a claim before the Philadelphia Common Pleas Court, Leadbetter said it was clearly a simple mistake on the association's part. The claim was filed on the last possible day and she said it should have been accepted as timely filed.
"The association should have been directed to amend its filing by submission of an appropriate petition for review," Leadbetter said.
In the order, Leadbetter said the petition for review in the court's original jurisdiction is granted.
On Dec. 20, 2006, the Philadelphia-focused association attended a board meeting at which point the chairman announced the board met in an executive session the day before. The association filed its writ of summons on Jan. 19, 2007 in the Philadelphia filing office.
~Gina Passarella, Staff Reporter