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LAVELLE v. KOCH

532 Pa. 631 (1992)

617 A.2d 319

Honorable John P. LAVELLE, President Judge, Carbon County Court of Common Pleas, individually and on behalf of the Carbon County Court of Common Pleas, Plaintiff, v. Honorable Albert U. KOCH, Chairman of the Carbon County Board of Commissioners, Honorable Luther A. Getz, Vice-Chairman of the Carbon County Board of Commissioners, and Honorable Dean D.W. DeLong, Member of the Carbon County Board of Commissioners, Defendants.

Supreme Court of Pennsylvania.

Decided November 25, 1992.

Attorney(s) appearing for the Case

John M. Elliott, Blue Bell, Neil T. O'Donnell, Pittston, for plaintiff.

Robert L. Knupp, Harrisburg, for amicus — Penna. State Assoc. of County Com'rs.

Richard DiSalle, Pittsburgh, for amicus — The PA Conference of State Trial Judges.

Henry T. Reath, Philadelphia, for amicus — As a taxpayer and an attorney.

Joseph J. Velitsky, Sol. of the Carbon County Bd. of Com'rs, for defendants.

Roger N. Nanovic, Jim Thorpe, for Koch, J., Getz, J. and DeLong, J.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

NIX, Chief Justice.

This matter originated as a complaint in mandamus whereby President Judge Lavelle sought to compel the three County Commissioners sitting as members of the Carbon County Salary Board to appropriate and disburse funds reasonably necessary for the Carbon County Court in fiscal year 1989.1 The complaint also demanded payment of attorneys fees and costs. On April...

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