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SEPTA v. WEINER ET AL.

No. 1549 C.D. 1980.

56 Pa.Commw. 104 (1981)

Southeastern Pennsylvania Transportation Authority, Appellant v. Max Weiner, Individually and on Behalf of the Consumers Education and Protective Assoc. (CEPA) et al., Appellees.

Commonwealth Court of Pennsylvania.

February 24, 1981.

Attorney(s) appearing for the Case

Raymond K. Denworth, Jr., with him, Lewis H. Van Dusen, Jr., Nancy Sarah Cohen, and James C. Ingram, Drinker, Biddle & Reath, for appellant.

George D. Gould, with him, John F. Street, David Cohen and Max Weiner, for appellees.

Argued July 8, 1980, before President Judge CRUMLISH and Judges MacPHAIL and WILLIAMS, JR., sitting as a panel of three. Reargued December 10, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.

OPINION BY JUDGE MacPHAIL, February 24, 1981:

On June 25, 1980, the Board of the Southeastern Pennsylvania Transportation Authority (SEPTA) adopted a resolution substantially increasing the fares on its commuter rail and transit divisions. On June 30, 1980, one day before the new tariffs were to go into effect, an action seeking to enjoin the implementation of the resolution was filed by twenty-six persons (Appellees herein) in the Court of Common Pleas of Philadelphia...

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