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BOARD OF COM'RS OF SCHUYLKILL v. KANTNER

No. 1950 C.D. 2010.

26 A.3d 1245 (2011)

The BOARD OF COMMISSIONERS OF the COUNTY OF SCHUYLKILL by and through its members, Mantura M. GALLAGHER, Francis V. McAndrew and Frank J. Staudenmeier v. Melinda KANTNER, in her capacity as Controller of the County of Schuylkill, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 15, 2011.

Attorney(s) appearing for the Case

Sudhir Raman Patel , Pottsville, for appellant.

Robert S. Frycklund , Pottsville, for appellees.

BEFORE: LEAVITT, Judge, and BUTLER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge LEAVITT.

Melinda Kantner, Controller of the County of Schuylkill (Controller), appeals an order of the Court of Common Pleas of Schuylkill County (trial court) granting peremptory mandamus to the Commissioners of the County of Schuylkill without an evidentiary hearing. The writ of mandamus directs the Controller to file certain financial reports by October 1, 2010. The Controller argues that peremptory mandamus should not have been granted because...

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