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WECHT v. RODDEY

815 A.2d 1146 (2002)

Cyril H. WECHT, M.D., J.D. as Coroner of Allegheny County, Appellant, v. James RODDEY, as Chief Executive of the County of Allegheny; John DeFazio, as President of the County Council of the County of Allegheny and as representative of the County Council of Allegheny County collectively; the County Council of Allegheny County; and the County of Allegheny. Cyril H. Wecht, M.D., J.D., as Coroner of Allegheny County, v. James Roddey, as Chief Executive of the County of Allegheny and John Defazio, as President of the County Council of the County of Allegheny and as Representative of the County Council of Allegheny County Collectively, Appeal of David N. Wecht, Esquire.

Commonwealth Court of Pennsylvania.

Decided December 31, 2002.

Attorney(s) appearing for the Case

Timothy G. Uhrich, Pittsburgh, for appellant, C. Wecht, M.D., J.D.

Bonnie Brimmeier, Pittsburgh, for appellant, D. Wecht, Esq.

George M. Janocsko, Pittsburgh, for appellees.

BEFORE: COLINS, President Judge, LEADBETTER, Judge, COHN, Judge, SIMPSON, Judge, LEAVITT, Judge.

OPINION BY Judge SIMPSON.

The Coroner of Allegheny County questions whether Allegheny County, whose government recently reorganized under the Second Class County Charter Law1 (Enabling Law) as a home rule county, has authority to bind his office under an Administrative Code, or whether that power remains with the General Assembly under the Second Class County Code.2

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