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Keywords

contractplaintiffjurisdictiondamagesarbitrationmotionspecific performanceappellantequitable relief
jurisdictiondamagesappealspecific performanceappellantequitable relief

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Clark v. Pennsylvania State Police, 496 Pa. 310, 436 A.2d 1383

Facts

Corporal Clark alleged that he had an agreement with former Pennsylvania State Police Commissioner Urella to be promoted to Captain upon completing legal training. He attended law school full-time with the Commonwealth covering his pay and benefits. After graduating and returning to duty, his promotion request was denied by the new commissioner, leading him to file a suit for specific performance of the alleged agreement.

The uncontested pertinent facts are that Corporal Clark alleges that he secured an agreement from former Pennsylvania State Police Commissioner Urella that he would be promoted to the rank of Captain from that of Corporal upon his completion of legal training that appellant desired to pursue.

Issue

Whether appellant stated a claim on which the Commonwealth Court could grant relief.

The question raised in this appeal is whether appellant stated a claim on which the Commonwealth Court could grant relief.

Rule

A decree of specific performance is a matter of grace and not of right, and should only be granted where the facts clearly establish the plaintiff's right, where no adequate remedy at law exists, and where justice requires it.

A decree of specific performance is a matter of grace and not of right.

Analysis

The court found that Corporal Clark failed to demonstrate that monetary damages were inadequate as a remedy. The record indicated that damages could be computed with certainty by comparing his salary as a Corporal to that of a Captain. Since there was an adequate remedy at law, the court determined that it should not address the question of whether the Commonwealth Court had subject matter jurisdiction for equitable relief.

Since appellant has not shown that monetary damages are inadequate nor is it apparent from the record, the question of whether the Commonwealth Court should have subject matter jurisdiction so that equitable relief can be granted should not be addressed here.

Conclusion

The Supreme Court affirmed the Commonwealth Court's order, determining that the Board of Arbitration of Claims was the proper forum for the case due to the nature of the contract claim.

The Order of the Commonwealth Court is affirmed.

Who won?

The Pennsylvania State Police prevailed in the case because the court found that the Board of Arbitration of Claims had exclusive jurisdiction over the contract claim.

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