PHILADELPHIA v. COM., DPW


128 Pa.Commw. 565 (1989)

564 A.2d 271

CITY OF PHILADELPHIA et al., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE et al., Respondents.

Commonwealth Court of Pennsylvania.

Decided September 18, 1989.


Attorney(s) appearing for the Case

Richard J. Gold, First Deputy City Sol., with him, Guy Vilim, Divisional Deputy City Sol., Doris M. Leisch, Deputy City Sol., Beth Kahn, Asst. City Sol., and Seymour Kurkland, for petitioners, City of Philadelphia, Mayor Goode, and Doctors Clifford and Glover.

David Ferleger, Philadelphia, for petitioners, Philadelphia Police and Fire Ass'n for Handicapped Children, Inc., individuals Coccia and Fialkowski, et al.

Gwendolyn T. Mosley, Deputy Atty. Gen., with her, Gregory R. Neuhauser, Sr. Deputy Atty. Gen., David Donaldson, Sr., Deputy Atty. Gen., and John G. Knorr, III, Chief Deputy Atty. Gen., Chief litigation Section, and Morey Meyers, Office of Gen. Counsel, for respondents, Com. of Pennsylvania, Dept. of Public Welfare, Governor Casey, and Secretaries Hershock, White, Jr., and Eidelman and Director Orr.

Robert S. Spalding, Deputy Gen. Counsel, Philadelphia, with him, Bridget M. Whitley, Asst. Gen. Counsel, Harrisburg, Judith Karns Ciszek, Associate Gen. Counsel, Greensburg, and James M. White, Gen. Counsel, for respondent, Catherine Baker Knoll, Treasurer of the Com. of Pennsylvania, Harrisburg.

C. Clark Hodgson, Jr., with him, Jane Landes Foster, Stradley, Ronon, Stevens & Young, Philadelphia, for respondents, Singel and Manderino and The Pennsylvania Gen. Assembly.


OPINION

CRUMLISH, Jr., President Judge.

The City of Philadelphia et al. (petitioners)1 have filed a motion for preliminary injunction seeking to compel the Commonwealth of Pennsylvania et al. to provide funding to continue or reinstate adequate nonresidential services to mentally retarded persons.2

Petitioners include a class comprised of mentally retarded persons living in their own homes...

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