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BOROUGH OF PITCAIRN v. WESTWOOD

848 A.2d 158 (2004)

BOROUGH OF PITCAIRN v. Ben WESTWOOD, III, Appellant.

Commonwealth Court of Pennsylvania.

Decided March 29, 2004.

Reargument Denied May 26, 2004.

Attorney(s) appearing for the Case

Paul D. Boas, Pittsburgh, for appellant.

Craig H. Alexander, Pittsburgh, for appellee.

BEFORE: COLINS, President Judge, SIMPSON, J. (P.), and McCLOSKEY, Senior Judge.

Reargument En Banc Denied May 26, 2004.

OPINION BY Judge SIMPSON.

In this first-impression appeal by a displaced police chief, we consider the effect of full compliance with the statutory civil service process on his appointment by a borough council majority about to leave office. We affirm the conclusion of the Court of Common Pleas of Allegheny County (trial court) that the outgoing council majority improperly sought to bind the successor council to the...

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