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COM. EX REL. BAGNONI v. KLEMM ET AL.

No. 2392 C.D. 1978.

61 Pa.Commw. 227 (1981)

Commonwealth of Pennsylvania ex rel. Mario Bagnoni, Councilman of the City of Erie, on his own behalf and on behalf of all property owners of the City of Erie, Appellant v. James E. Klemm, City Clerk, the City of Erie, and Mayor Louis J. Tullio, Appellees.

Commonwealth Court of Pennsylvania.

August 11, 1981.

Attorney(s) appearing for the Case

George M. Schroeck, for appellant.

Donald J. Rogala, City Solicitor, with him Lawrence L. Kinter, Deputy City Solicitor, for appellees.

Argued May 4, 1981, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, August 11, 1981:

On June 14, 1978, the City Council of Erie (Council) passed an ordinance providing for the City's sewer rental rates to remain unchanged until December 31, 1978. On August 3, 1978, Mayor Louis J. Tullio vetoed this ordinance. Pursuant to Section 413(a) of the Optional Third Class City Charter Law,1 a resolution was introduced before the Council proposing to override the Mayor's veto. Four members...

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