BLACKWELL v. COM., STATE ETHICS COM'N


130 Pa.Commw. 646 (1990)

569 A.2d 378

Honorable Lucien BLACKWELL, Member City Council of Philadelphia, Honorable David Cohen, Member City Council of Philadelphia, Honorable Francis Rafferty, Member City Council of Philadelphia, Petitioners, v. COMMONWEALTH of Pennsylvania, STATE ETHICS COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 8, 1990.


Attorney(s) appearing for the Case

Charles W. Bowser, with him, James P. Cousounis, Baskin, Flaherty, Elliott & Mannino, P.C., Philadelphia, for petitioners.

Vincent J. Dopko, Chief Counsel, Harrisburg, for respondent.

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., Harrisburg, for respondent/intervenor, Office of Attorney General.

John E. McKeever, Philadelphia for amicus curiae, Committee of Seventy.

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


CRAIG, Judge.

Proceedings in This Court

On September 13, 1988, three Philadelphia City Council members filed a petition for review in this court seeking injunctive relief and a declaratory judgment that (1) the Philadelphia Home Rule Charter preempts the state Public Officials Ethics Act (Ethics Act), Act of October 4, 1978. P.L. 883, as amended, 65 P.S. §§ 401-413; (2) the Ethics...

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