PA. STATE LODGE OF FOP v. COM.


131 Pa.Commw. 611 (1990)

571 A.2d 531

PENNSYLVANIA STATE LODGE OF the FRATERNAL ORDER OF POLICE, by Francis P. BASCELLI, Trustee Ad Litem, Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 5, 1990.


Attorney(s) appearing for the Case

James L. McAneny, with him, Gary M. Lightman, Harrisburg, for petitioner.

Jules S. Henshell, Sr. Deputy Atty. Gen., with him, John G. Knorr, III, Chief Deputy Atty. Gen., Chief of Litigation Section, and Ernest D. Preate, Jr., Atty. Gen., for respondent.

Robert E. Durrant, with him, Michael L. Brungo, Meyer, Darragh, Buckler, Bebenek, Eck and Hall, Pittsburgh, for amicus curiae, Pennsylvania League of Cities, et al.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.


PALLADINO, Judge.

Presently before this court, in this original jurisdiction matter, are the preliminary objections of the Commonwealth of Pennsylvania (Commonwealth) to the petition for declaratory judgment filed by the Pennsylvania State Lodge of the Fraternal Order of Police (FOP). For the reasons set forth below, we sustain the preliminary objections and dismiss the petition.

In its petition for declaratory judgment, FOP challenges the validity of various...

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