DocketNumber: No. 1939 C.D. 1976
Citation Numbers: 35 Pa. Commw. 384
Judges: Blatt, Crumlish, Mencer
Filed Date: 5/22/1978
Status: Precedential
Modified Date: 6/24/2022
Opinion by
Pauline Ross and H. Justin Ross (Plaintiffs) have fijeM.a. complaint, in,-this Court’s original.jurisdiction against the Pennsylvania ■ Liquor...Control .Board (Board) resulting from an injury which, is alleged to have occurred in a state liquor store operated and managed by the Board. The Board .responded by way of preliminary objections asserting that it is immune from suit due to the doctrine, of. sovereign immunity. Plaintiffs concede that-under the- present state-'of laws
Despite Plaintiffs’ well-reasoned argument to the contrary, we sustain the Board’s preliminary objections and dismiss the complaint. Within the last several years, our Supreme Court has affirmed the sovereign immunity doctrine on numerous occasions
Accordingly, we
Order
And Now, this 22nd day of May, 1978, the preliminary objections of the Pennsylvania Liquor Control Board are sustained and the complaint of Pauline Ross and H. Justin Ross, her husband, is dismissed.
See e.g., Freach v. Commonwealth, 471 Pa. 558, 370 A.2d 1163 (1977) ; Biello v. Pennsylvania Liquor Control Board, 454 Pa. 179, 301 A.2d 849 (1973).
See Jones v. Paokel, 20 Pa. Commonwealth Ct. 606, 609, 342 A.2d 434, 436 (1975) :
[P]laintiff requests this Court to strike down sovereign immunity from the body of Pennsylvania law. Even assuming we were so disposed, we have repeatedly held that, as an inferior appellate court, we are bound by pronouncements of our Supreme Court. The Supreme Court has consistently reaffirmed the vitality of sovereign immunity, and has determined that the discretion to effectuate change in this area lies not with the judiciary, but with the legislature. (Footnote omitted.)