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GEREK APPEAL

No. 1668 C.D. 1978.

41 Pa.Commw. 1 (1979)

In Re: Appeal from the Enactment of an Ordinance Increasing the Indebtedness of the Borough of Blakely, etc. Edward Gerek, Appellant. Edward Gerek et al., Petitioners v. Commonwealth of Pennsylvania, Department of Community Affairs et al., Respondents.

Commonwealth Court of Pennsylvania.

February 28, 1979.

Attorney(s) appearing for the Case

John E.V. Pieski, for petitioners.

Chester Harhut and Carol Porell Cocheres, Assistant Attorney General, with them Henkelman, McMenamin, Kreder & O'Connell; Ellen Marie Coggins, Assistant Attorney General, and Gerald Gornish, Attorney General, for respondents.

Argued December 4, 1978, before Judges CRUMLISH, JR., BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, February 28, 1979:

These two cases arising from the same circumstances were consolidated for argument before this Court. Both represent a challenge by the same taxpayer to the enactment by the Borough of Blakely of an ordinance increasing its indebtedness by issuing a general obligation note in the principal amount of $350,000.00.

On May 25, 1978, Edward Gerek (taxpayer), without...

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