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COGHLAN v. BOROUGH OF DARBY

844 A.2d 624 (2004)

Theresa COGHLAN v. The BOROUGH OF DARBY and The Borough Council of the Borough of Darby and Marie Howells and The Delaware County Board of Elections, Appeal of Borough of Darby and Darby Borough Council. Theresa Coghlan v. The Borough of Darby and The Borough Council of the Borough of Darby and Marie Howells and The Delaware County Board of Elections. Appeal of Marie G. Howells.

Commonwealth Court of Pennsylvania.

Decided March 10, 2004.

Attorney(s) appearing for the Case

Raymond J. Santarelli, Blue Bell, for appellants, Borough of Darby and Borough Council of the Borough of Darby.

John F. Innelli, Philadelphia, for appellant, M. Howells.

Francis J. Catania, Media, for appellee, The Delaware County Board of Elections.

Michael P. Pierce, Media, for appellee, T. Coghlan.

BEFORE: McGINLEY, J., LEAVITT, J., and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

The Borough of Darby (Borough), the Council of the Borough of Darby (Council) and Marie Howells (collectively Appellants) appeal a permanent injunction issued by the Court of Common Pleas of Delaware County (trial court). The injunction vacated the Council's appointment of Mrs. Howells to fill a Council vacancy and ordered the Delaware County Board of Elections (Election Board) to hold a special...

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