IN RE PETITION FOR AGENDA INITIATIVE


821 A.2d 203 (2003)

In re PETITION FOR AGENDA INITIATIVE to Place a Proposed Ordinance on the Agenda of a Regular Meeting of Council for Consideration and Vote as Follows: "An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, Directing that a Referendum Question Amending Article III, Section 3 of the Allegheny County Home Rule Charter, Pursuant to the Home Rule Charter and Optional Plans Law and Second Class County Charter Law, Be Placed on the May 20, 2003 Municipal Primary Ballot." Objection of Thomas E. FLAHERTY, in His Individual Capacity and as Chairman of the Democratic Party of Allegheny County. Appeal of Allegheny County Division of Elections, Department of Administrative Services. In re Petition For Agenda Initiative to Place a Proposed Ordinance on the Agenda of a Regular Meeting of Council for Consideration and Vote as Follows: "An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, Directing that a Referendum Question Amending Article III, Section 3 of the Allegheny County Home Rule Charter, Pursuant to the Home Rule Charter and Optional Plans Law and Second Class County Charter Law, Be Placed on the May 20, 2003 Municipal Primary Ballot." Objection of Thomas E. Flaherty, in His Individual Capacity and as Chairman of the Democratic Party of Allegheny County. Appeal of Sean W. Moran. In re Petition For Agenda Initiative to Place a Proposed Ordinance on the Agenda of a Regular Meeting of Council for Consideration and Vote as Follows: "An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, Directing that a Referendum Question Amending Article III, Section 3 of the Allegheny County Home Rule Charter, Pursuant to the Home Rule Charter and Optional Plans Law and Second Class County Charter Law, Be Placed on the May 20, 2003 Municipal Primary Ballot." Objection of Thomas E. FLAHERTY, in His Individual Capacity and as Chairman of the Democratic Party of Allegheny County. Appeal of Thomas E. Flaherty.

Commonwealth Court of Pennsylvania.

Decided April 14, 2003.


Attorney(s) appearing for the Case

Charles P. McCullough and Allan J. Opsitnick, Pittsburgh, for appellant Allegheny County Division of Elections.

David J. Armstrong, Pittsburgh, for appellee, T. Flaherty.

Robert J. Ridge, Pittsburgh, for appellee, S. Moran

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, SIMPSON, Judge, and LEAVITT, Judge.


OPINION BY Judge SMITH-RIBNER.

This case involves consolidated appeals by the Allegheny County Division of Elections, Department of Administrative Services (County), Sean Moran (Moran) and Thomas E. Flaherty (Flaherty) from the February 4, 2003 order of the Court of Common Pleas of Allegheny County, which sustained in part Flaherty's appeal and set aside an Agenda Initiative Petition filed by Moran because it lacked the required 500 signatures from registered voters...

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