KESTLER APPEAL

No. 2479 C.D. 1979.

66 Pa.Commw. 1 (1982)

In the Matter of the Act of October 7, 1976, P.L. 1101, No. 223, Providing for Increase in Salaries of County Officers. John R. Kestler, Treasurer of Elk County, Appellant.

Commonwealth Court of Pennsylvania.

April 5, 1982.


Attorney(s) appearing for the Case

Robert S. Adams, Sutter, Sutter & Adams, for appellant.

Gordon J. Daghir, for appellee, County of Elk.

Argued October 6, 1981, before President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT and WILLIAMS, JR.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 5, 1982:

Although our holding today on this appeal is of enormous consequence to county officials across the Commonwealth, the issue is deceptively simple: whether elected county officials, who had received compensation increases under a state statute which was subsequently declared by our Supreme Court to be constitutionally inapplicable, are required now to reimburse the county for such unauthorized receipts.

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