Apt Assoc. of Metro Pgh v. City of Pgh, Pet

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
APARTMENT ASSOCIATION OF : No. 144 WAL 2020
METROPOLITAN PITTSBURGH, INC. :
:
Respondent : Petition for Allowance of Appeal
: from the Order of the
: Commonwealth Court
v. :
:
:
THE CITY OF PITTSBURGH, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 4th day of November, 2020, the Petition for Allowance of Appeal
is GRANTED. The issues, as stated by Petitioner, are:
(1) Did the Commonwealth Court err where it failed to follow the
dictates of this Honorable Court in Pennsylvania Rest. &
Lodging Ass’n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019),
and rather than analyzing whether the Second Class City
Code and the Pennsylvania Human Relations Act satisfy the
“expressly provided by statute” exception to the Business
Exclusion (i.e. whether relevant statutory authority has a
nexus to the core functions of the Nondiscrimination
Ordinance) as Pa. Restaurant requires, the Commonwealth
Court instead focused its analysis on the perceived weight of
the burdens that the Nondiscrimination Ordinance might
impose on landlords?
(2) Does the Commonwealth Court’s [r]emand [d]ecision
invalidating the Nondiscrimination Ordinance improperly
narrow Home Rule authority, providing non-Home Rule
municipalities with greater authority to enact anti-
discrimination legislation than Home Rule municipalities, all
contrary to the clear intent of the Home Rule Law?
The Request to Participate as Amici Curiae in Support of the City of Pittsburgh’s Petition
for Allowance of Appeal, and the Request for Leave to File Reply to Respondent’s Answer
in Opposition to Request to Participate as Amici Curiae in Support of the City of
Pittsburgh’s Petition for Allowance of Appeal, are DENIED as moot.
[144 WAL 2020] - 2