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CERJACK v. BRIDGEWATER BOROUGH

835 A.2d 845 (2003)

Charles A. CERJACK, an adult individual, and Mayor of Bridgewater Borough, v. BRIDGEWATER BOROUGH, a municipal corporation; Councilperson Wayne Shaffer, an adult individual; Councilperson Frank Parker, an adult individual; Councilperson William Rains, an adult individual; and Councilperson Dennis Pittser, Jr., an adult individual. Appeal of Wayne Shaffer.

Commonwealth Court of Pennsylvania.

Decided November 6, 2003.

Attorney(s) appearing for the Case

Joseph M. Spratt, Conway, for appellant.

Myron R. Sainovich, Beaver, for appellees.

BEFORE: SMITH-RIBNER, Judge, FRIEDMAN, Judge, McCLOSKEY, Senior Judge.

OPINION BY Senior Judge McCLOSKEY.

Wayne Shaffer (Appellant), as a member of the Council of the Borough of Bridgewater (the Borough Council), appeals from an order of Court of Common Pleas of Beaver County (trial court), dated December 11, 2002, entering judgment on the pleadings in favor Charles A. Cerjack (the Mayor), as mayor of the Borough of Bridgewater (the Borough).1 The effect of the order was to allow the Mayor to cast a tie-breaking...

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