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Friends of Danny DeVito v. Wolf

227 A.3d. 872 (2020)

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Friends of Danny DeVito v. Wolf

Pennsylvania Supreme Court
227 A.3d. 872 (2020)

  • Written by Haley Gintis, JD

Facts

In March 2020. Pennsylvania Governor Tom Wolf (defendant) issued an executive order in response to the COVID-19 pandemic. The executive order required the closure of non-life-sustaining businesses to limit person-to-person contact in an effort to decrease the transmission of the virus. Under Pennsylvania law, the executive order was effective for 90 days unless renewed and the general assembly had the authority to terminate the order. A group consisting of Pennsylvania businesses and one individual (the businesses) (defendant) filed in the Pennsylvania Supreme Court an emergency application for extraordinary relief on the ground that the executive order violated the United States Constitution and the Pennsylvania Constitution. The businesses claimed that the executive order amounted to a regulatory taking without just compensation because the order imposed an extreme risk of financial hardships. The businesses also claimed that the court had jurisdiction over the matter because the matter was unprecedented. The Pennsylvania Supreme Court determined it had jurisdiction and considered the case.

Rule of Law

Issue

Holding and Reasoning (Donohue, J.)

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