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IN RE 100 OR MORE ELECTORS OF CLAIRTON

546 Pa. 126 (1996)

683 A.2d 283

In re Matter of ONE HUNDRED OR MORE QUALIFIED ELECTORS OF the MUNICIPALITY OF CLAIRTON, COUNTY OF ALLEGHENY, COMMONWEALTH of Pennsylvania, to have the Council Seat for the Third Ward, Occupied by Donald J. Desiderio, Declared Forfeited and Vacant Under Subsection (a) of Section 2403 of Article XXIV of the Clairton Home Rule Charter and Section 7 of Article 2 of the Pennsylvania Constitution, Petitioners Below, Appellants.

Supreme Court of Pennsylvania.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Felix J. DeGuilio, Pittsburgh, for Appellants.

John F. Cambest and Bonnie Brimmeier, Pittsburgh, for Donald Desiderio.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

CASTILLE, Justice.

The issue raised in this direct appeal is whether appellants have standing to contest the council seat of a public officer through either a quo warranto action or an action in equity. Because we find that appellants, under the circumstances of this case, lack standing to bring either a quo warranto action or an action in equity, we affirm the Court of Common Pleas of Allegheny County order denying appellants...

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