CITY COUNCIL v. CITY OF HAZLETON


134 Pa.Commw. 174 (1990)

578 A.2d 580

The CITY COUNCIL OF the CITY OF HAZLETON, Pennsylvania et al., Appellants, v. The CITY OF HAZLETON, Pennsylvania, et al., Appellees.

Commonwealth Court of Pennsylvania.

Decided July 23, 1990.

Reargument Denied September 12, 1990.


Attorney(s) appearing for the Case

Edward D. Reibman, Allentown, for appellants.

Charles P. Gelso, with him, John P. Moses, Moses, Gelso and Prociak, and Carl N. Frank, Farrell, Frank and Mattern, Wilkes Barre, for appellees.

Before CRAIG and PELLEGRINI, JJ., and BARBIERI, Senior Judge.


CRAIG, Judge.

The Hazleton City Council appeals an order of the Court of Common Pleas of Luzerne County that declared null and void a city ordinance that would have amended the city's Administrative Code to vest in the council, rather than in the mayor, the power to appoint members of municipal authorities.

The sole issue here is one of law: Do the relevant statutes permit the city council, in an Optional Plan B form of third class city government, to be the...

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